This Agreement is entered into this 1st day of May, 2015, by and between the Screen Actors GuildAmerican Federation of Television and Radio Artists, AFL-CIO (hereinafter sometimes referred to
as "Union"), and each of the persons (entities) who has affixed her/his (or its) name hereto in the
space provided (hereinafter referred to as "Producer" or "Producers").
GENERAL PROVISIONS
1. COVERAGE
This agreement sets forth minimum wage scales and working conditions for all persons whose
performances are utilized in any manner in the production of Corporate/Educational and NonBroadcast programs including those who speak, act, sing or in any other manner perform as talent as
such term is used and understood in the Corporate/Educational and Non-Broadcast program industry
(including voice performers, narrators, commentators, singers, dancers, background actors,
stuntpersons, airplane pilots and those who operate hand- or string-manipulated puppets or
marionettes or speak in connection with such operation) and members of the public who participate
on a testimonial or interview basis, all herein referred to as "Performers" (see Section 6.C. for
exclusions). Such programs shall include but not be limited to non-theatrical programs
(Corporate/Educational or Non-Broadcast programs, programs made for nonprofit religious
organizations, documentary programs, sales programs, educational and training programs, public
relations programs, etc., i.e., programs intended for exhibition where no admission is charged). This
does not include, however, programs produced for initial or primary exhibition over television, other
than closed circuit television.
2. DEFINITION OF A PROGRAM
A.
The term "Corporate/Educational and Non-Broadcast Recorded Material" as used herein
(and hereinafter sometimes referred to as "Non-Broadcast programs") means and includes
and has always meant and included programs and other material whether recorded on or by
videotape, audio tape, wire holograph, magnetic tape, soundtracks, film strips, electrical
transcriptions, video or audio discs, cassettes or cartridges, or otherwise, and whether
produced by means of motion picture cameras, electronic cameras or devices, tape devices or
any combination of the foregoing, or by any other means alone or with still photographs,
animated displays, phonecasting or storecasting for the purposes of instruction or education,
sales promotions, amusement or entertainment at locations such as meetings, conventions,
points-of-sale, public displays, churches, classrooms, seminars or any other site or location,
or transmitted via voice grade telephone line (phonecasting), laser or any other photo
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transmission equipment. A program produced for multiple sales or multiple client usage shall
be designated as a Generic Program.
B.
Except as defined in Section 9.C.6. (Integration and/or Customization), a program is defined
as Non-Broadcast material produced for one client on a single subject and released as a
package. Nonetheless, if a program, though on a single subject, consists of distinct units from
the standpoint of their design and intended use, then each such unit shall be considered and
paid for as a separate program.
Example A: A package entitled "Countries of South America" which is divided into separate
units such as: "Chile," "Argentina," "Brazil," etc.; each unit shall be paid for as a separate
program.
Example B: A package entitled "Troubleshooting Hydraulics" which consists of separate
units such as: "Use of Gauges," "Checking Hose Connections," "System Pressures," etc.;
shall be paid for as a single program
Example C: A package entitled “A Tour of Monticello” which consists of 20 separate units
for a social media application, each of which is no more than 6 seconds long and features a
different room such as “Jefferson’s Bedroom,” “Parlor,” and “East Portico,” etc.; shall be
paid for as a single program.
3. COMMERCIALS – NOT PERMITTED UNDER THIS AGREEMENT
A.
This agreement covers Performers employed in Non-Broadcast programs only and shall not
apply to Performers employed in commercial spots whose employment is covered by a
separate agreement known as the SAG-AFTRA Commercials Contract (or any agreement in
modification or extension thereof or in substitution therefor). The foregoing shall apply only
if Performer is recognizable.
B.
No part of the photography or sound track of a Non-Broadcast program can be used either as
a "lift," "still" or otherwise as a whole or as a part of a commercial message or spot without
first obtaining the written consent to such use from each Performer involved and without
compensation to each Performer in accordance with the provisions of the SAG-AFTRA
Commercials Contract (or any agreement in modification or extension thereof or in
substitution therefor).
C.
At the request of either party, any grievance asserting that material produced under this
agreement is a commercial may be submitted to the Industry-Union Standing Committee
(“IUSC”) for a non-binding recommendation, and all time limitations shall be tolled during
any period required to convene the IUSC. In the event either party chooses to reject the
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IUSC recommendation, or in the event the IUSC does not make a recommendation, either
party may proceed to arbitration. (See Section 73.)
1. In the event the IUSC recommendation is that the material produced under this
agreement is a commercial, and the Producer accepts that recommendation, or if an
arbitrator determines that the material is a commercial, the Producer hereby agrees to
pay the difference between the amounts already paid and the economic equivalent of
the amounts that would have been due had the material been produced under the
SAG-AFTRA Commercials Contract. The terms and conditions of the then-current
SAG-AFTRA Commercials Contract shall be deemed incorporated by reference to
the extent necessary to enforce this paragraph.
2. Benefit fund contributions on such payments, however, shall continue to be paid to
the AFTRA Health & Retirement Funds and this Paragraph 3.C. shall be governed by
the grievance and arbitration procedures contained in this Agreement.
4. WORLD’S FAIR, ETC.
This agreement does not apply to nor fix the terms and conditions for the making of programs to be
exhibited at World’s Fairs, World Trade Exhibitions or the like. Should a Producer desire to make a
program which is to be so exhibited the Producer will, prior to beginning production of such
program, negotiate with SAG-AFTRA with respect to the terms and conditions under which the
Performers are to render services in the making thereof.
5. CATEGORIES
A.
Each program produced under this Agreement shall be designated as Category I or Category
II in accordance with the following descriptions and examples.
B.
A program produced for initial exhibition on the Internet or New Media shall be considered
either a Category I or Category II program under the current definitions cited below.
1. New Media is defined as digital, electronic, or any other type of delivery platform
including, but not limited to, Programs delivered via podcasts, mobile devices (except
as otherwise provided in the Phonecasting/IVR provisions of this Agreement), and
other digital and electronic media. The term New Media is intended to be all
inclusive of digital, electronic or any other type of delivery platform, whether now
known or unknown, but is not intended to supersede other existing provisions in the
Contract.
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C.
Category I
1. Category I programs are designed to train, inform, promote a product or perform a
public relations function, and may be exhibited in classrooms, museums, libraries or
other similar locations. Included are closed circuit television transmissions (such as
direct broadcasts by satellites) and teleconferences. Included also are sales programs
which are designed to promote products or services of the sponsor, but which will be
shown on a restricted basis only.
Examples:
a)
A program designed to inform salespersons of the features of automobiles
sold in their dealership.
b) A program promoting fire prevention which does not attempt to sell a
particular company's fire insurance policies.
D.
Category II
1. Category II programs are intended for unrestricted exhibition to the general public.
Category II programs must be designed primarily to sell specific products or services
to the consuming public
a)
at locations where the products or services are sold, or
b) at public places such as coliseums, railroad stations, air or bus terminals, or
shopping centers.
2. Category II programs may be supplied free of charge to customers as a premium or
inducement to purchase specific goods or services.
3. Category II programs may be used in all Category I areas without additional fees.
Examples:
a)
A program outlining the selling features of an automobile which is available
to all consumers entering automobile dealerships.
b) A program promoting fire prevention which sells the benefits of a particular
company's fire insurance policies and is exhibited in a shopping mall.
c)
A DVD or videocassette explaining how to build a recreation room, provided
free of charge to anyone who buys a power drill.
d) A DVD or videocassette on how to cook with a Chinese wok, provided free of
charge to buyers of a home DVD/videocassette player/recorder.
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4. A three (3) year use limitation applies to all Category II programs, with the exception
of Audio Programs (Section 7.F.) which allow use in perpetuity. Additional 3-year
use periods may automatically be renewed, unless negotiated otherwise, at 100% of
the Total Applicable Salary based on the original rate of pay. Contributions to the
AFTRA Health & Retirement Funds shall be paid at the rate in effect at time of
renewal.
6. WAIVERS
A.
Very Minor Roles
The Union agrees to promptly consider a waiver of fees for very minor roles requested by the
Producer, in those instances in which unusually large casts of Performers are utilized.
B.
Undirected Scenes, Backgrounds or Persons
1. Crowds at Public Events
Upon specific request of the Producer, SAG-AFTRA will grant an automatic and
unconditional waiver whereby the Producer may photograph long shots of the normal
activities of crowds at public events numbering two hundred (200) or more persons.
Such event must be publicized or advertised and not staged for the camera. The event
must be open to the general public. The crowd so photographed shall appear only as
atmospheric background except in the case of nonmilitary parades with floats. Such
scenes wherein Principal Performers, Background Actors, or photographic doubles
appear may be used in photoplay only where Producer stages one or more tie-in shots
using Professional Background Actors in connection with such scenes. In
photography at such public events the activities constituting the event may appear
incidentally to the establishment of the locale and crowds in attendance; provided
that, if one or more tie-in shots using Professional Background Actors are staged by
Producer in connection therewith, such event as well as the crowd in attendance may
be photographed and used in long establishing shots. The foregoing limitations shall
not apply to nonmilitary parades with floats.
a)
Members of the public shall not be directed by Producer nor notified by
Producer in any way that they will appear in a program. Neither reflector nor
studio type lights shall be used by Producer in photographing crowds at public
events, except that Principal Performers and Professional Background Actors
may be highlighted. Sound recording shall not be made in connection with the
photography of such public events, except for a wild or cue track.
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Any person, other than a Principal Performer who receives direction from
Producer, or is required by Producer to wear make-up, costumes or wardrobe,
shall be a Professional Background Actor. Where Performers or photographic
doubles are used, all persons immediately surrounding such Performers or
photographic doubles must be Professional Background Actors.
2. Undirected Scenes and Undirected Persons
Upon specific request of Producer or its hiring agency, SAG-AFTRA will grant an
automatic unconditional waiver whereby Producer may photograph the normal
activities of undirected persons as follows:
a)
Such persons may be photographed by a moving or hidden camera subject
only to c. below.
b) Such persons may be photographed by a fixed, exposed camera in the
following situations, subject to the limitations of c. below:
(1) Long shots;
(2) Running shots;
(3) Certain shots of people engaged in their normal pursuits and activities
which would be of production value, but which shots would be of
such type or scope or in such locale as to be impractical to stage at the
place of photography;
(4) With respect to directed scenes, such waiver shall not include persons
in the foreground and immediate background to the directed scene;
(5) Any other shots made under mutually agreeable conditions between
Producer and SAG-AFTRA.
c)
The above provisions shall be subject to the following:
(1) Street scenes shall not be staged for the purpose of the production;
(2) Members of the public shall not receive direction from, or be cued by,
Producer other than to pursue their own normal activities, nor shall
they be notified that a program is being made;
(3) Principal Performers and Professional Background Actors employed
by Producer shall not perform any business with members of the
public.
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3. On-Site Operations
Upon specific request of Producer or its hiring agency, SAG-AFTRA will grant an
automatic and unconditional waiver whereby Producer may photograph actual factory
production showing workers engaged in practical operation of technical and
complicated machinery.
C.
Waivers as to Certain Non-Professional Persons
1. SAG-AFTRA waives the application of this Agreement to officers of companies for
which the Producer is making Corporate/Educational/Non-Broadcast programs,
workers in factories, farmers, trade specialists, and persons in like capacities. This
also applies to permanent employees of the companies, who are regularly employed,
and are not by profession entertainers, and who do not engage in entertainment or
motion picture work regularly. Subject to the same qualifications, this would apply to
members of fraternal organizations such as, for example, the Elks. Producer agrees to
supply SAG-AFTRA with full information about the working of this paragraph from
time to time to see it is not being abused.
2. Technical or Complicated Equipment or Machinery
Upon request, SAG-AFTRA agrees to grant an automatic and unconditional waiver
for the photography of persons actually operating technical or complicated equipment
or machinery, or persons operating any leased equipment or machinery where the
lessor required such rental equipment or machinery to be operated by his/her
designated qualified operator.
The equipment and machinery referred to herein shall include, but not be limited to,
publicly owned fire equipment and water trucks, public transportation buses, large
bulldozers, and cranes or valuable antique and racing cars, etc.
3. Armed Forces Personnel
It is contemplated that during the term of this Agreement certain photographing of
personnel of the Armed Forces within the applicable Background Actor zones would
be of production value, but which photographing would be of such type or such scope
or in such locale as to be impractical to stage.
SAG-AFTRA agrees to cooperate with Producer in good faith to liberally grant
unconditional waivers to Producer for the photographing of such activities.
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7. MINIMUM COMPENSATION, FEES PER PROGRAM
A.
Principal Performers – On-Camera
1. Day Performer (Actor or Stunt)
a)
When an On-Camera Day Performer works multiple days on multiple
Programs, (s)he shall be compensated for the number of days worked, or the
number of Programs recorded, whichever is greater.
For example, an On-Camera Day Performer works three (3) days and appears
on-camera in four (4) separate Programs. On each day, the Day Performer
renders services in various segments of each of the four (4) Programs.
Photography is completed for all four (4) Programs on the third day. The Day
Performer shall be paid $1,513.50 (3 x $504.50*) for the three (3) days’
services and an additional $504.50 for the remaining program for a total
payment of $2,018.00.
*in this example, $504.50 represents the Category I Day Performer Rate,
effective May 1, 2015. The concept applies to all current fees in both
Categories I and II.
2. Unrecorded Silent Part
The playing of an Unrecorded Silent Part by a Performer shall be covered by
and be subject to this Agreement. The Performer shall be paid as an OnCamera Day Performer. The definition of an Unrecorded Silent Part is:
(1) The playing of individual foreground action in close shots in a
specific role and/or with ad-lib dialogue indicating the action of the
story; or
(2) An appearance in two (2) or more scenes illustrating the story line; or
(3) The playing of an individual character identified by narration or by
another character; or
(4) The playing of an individual character identified with the product.
3. Compensation – Day Performer and Unrecorded Silent Part
5/1/15 – 10/31/16
Category I
$504.50
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Category II
$628.00
11/1/16 – 4/30/18
Category I
Category II
$519.50
$647.00
4. Singer, per day – Compensation
5/1/15 – 10/31/16
Solo/Duo
Group
Step Out
11/1/16 – 4/30/18
Category I
Category II
Category I
Category II
$504.50
$304.50
$381.50
$628.00
$375.50
$471.00
$519.50
$313.50
$393.00
$647.00
$387.00
$485.00
Contractor – 50% additional
A contractor shall be employed when Singers (in a group of 3 or more) are to be
employed. The contractor shall be a member of such group except in those cases
where the sex of the group precludes the utilization of the contractor's singing
services.
5. Half-Day Engagement
a)
Half-Day Engagement (four hours only), which can be utilized only once per
Performer per program, is limited to the following circumstances. The
Producer will use best efforts when scheduling Half-Day Engagements to take
into account scheduling conflicts of the Performer.
(1) Rehearsal time (no photography) of four (4) consecutive hours or less
provided a firm date for the subsequent workday(s) is given at the
time of booking; or
(2) Day Performer roles which can be completed within four (4) hours of
work time.
b) The Producer may engage the Performer for up to four (4) consecutive hours
of rehearsal time or work time at no less than sixty-five percent (65%) of the
Day Performer minimum scale or sixty-five percent (65%) of the Performer's
pro rata single day rate, whichever is higher. Any travel time which causes the
total workday to exceed four (4) hours shall be paid at straight time based
upon the Performer's full day rate (one hundred percent [100%]).
c)
Any extension of the half-day beyond four (4) hours is subject to the
Performer's consent at the time of extension and shall be paid at no less than
an additional sixty-five percent (65%), bringing the rate for the full eight (8)
hours to no less than one hundred thirty percent (130%). Any overtime
beyond eight (8) hours of work will then be computed at time and one-half or
double time, as appropriate, on the one hundred thirty percent (130%) base
rate. All required meal periods will be observed.
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d) No Half-Day Engagement (other than rehearsal) shall be continued for
additional days unless the Performer receives at least one hundred percent
(100%) for the half-day. However, if a mechanical failure (i.e., camera
inoperative, power loss, etc.) occurs within the first four (4) working hours
and thereby causes a continuation on an additional day, the requirement for
one hundred percent (100%) payment for the half-day shall not apply. Any
extension of Half-Day Engagement is subject to the Performer's consent at the
time of extension.
e)
For 3-Day Performers or Weekly Performers, only the half-day rehearsal rate
may be used. When booked for a half-day rehearsal, the Performer's guarantee
is increased by one-half day.
f)
This provision shall not apply to Dancers, Background Actors, On-Camera
Narrators/Spokespersons and Stunt Performers.
g)
Compensation
5/1/15 – 10/31/16
11/1/16 – 4/30/18
Category I
Category II
Category I
Category II
$328.00
$408.00
$337.50
$420.50
Examples:
(1) Within the studio zone, Performer is booked for a half-day of
rehearsal for Monday with a firm booking for a full workday the
following Thursday.
Payment due: Monday
Tuesday
Wednesday
Thursday
Total Due:
4 hours
no hours
no hours
8 hours
65%
0%
0%
100%
165%
(2) Within the studio zone, Performer is booked for a half-day of
rehearsal for Monday with a firm booking for four (4) hours of work
for the following Thursday.
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Payment due: Monday
Tuesday
Wednesday
Thursday
Total Due:
4 hours
no hours
no hours
4 hours
65%
0%
0%
100%
165%
(3) Outside the studio zone, Performer is booked for a half-day of work
for Monday. The Performer travels one (1) hour to the work site,
works four (4) hours and travels one (1) hour to return.
Payment due: Monday
4 hours
2 hours travel (2/8ths of 100%)
Total Due:
65%
25%
90%
(4) Same as example (3) above except the work is not completed after
four (4) hours and Performer agrees to return on Thursday. On
Thursday, Performer travels one (1) hour to the work site, works two
(2) hours and travels one (1) hour to return.
Payment due: Monday
4 hours
65%
th
25%
2 hours travel (2/8 of 100%)
Continuation step-up fee
35%
Tuesday
no hours
0%
Wednesday
no hours
0%
Thursday
2 hours work
100%
2 hours travel (included in 8-hour day)
Total Due:
255%
(5) Same as example (4) above except Performer agrees to work an
additional four (4) hours on Monday and agrees to return on the
following Thursday.
65%
1st 4 hours
nd
2 4 hours
65%
th
25%
2 hours travel (2/8 of 100%)
Tuesday
no hours
0%
Wednesday
no hours
0%
Thursday
2 hours work
100%
2 hours travel (included in 8-hour day)
Total Due:
255%
Payment due: Monday
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6. 3-Day Performer – Compensation
5/1/15 – 10/31/16
11/1/16 – 4/30/18
Category I
Category II
Category I
Category II
$1,270.00
$1,566.00
$1,308.00
$1,613.00
7. Weekly Performer – Compensation
5/1/15 – 10/31/16
5-day week:
11/1/16 – 4/30/18
Category I
Category II
Category I
Category II
$1,773.00
$2,195.50
$1,826.00
$2,261.50
$2,415.00
$2,009.50
Overnight location only, 6-day week:
$1,951.00
$2,487.50
8. Choreographed Dancer, Swimmer, Skater, Etc. - Compensation
5/1/15 – 10/31/16
Per Day: Solo/Duo
Group
3-Day: Solo/Duo
Group
Weekly: Solo/Duo
Group
11/1/16 – 4/30/18
Category I
Category II
Category I
Category II
$451.00
$377.00
$1,080.00
$907.50
$1,802.00
$1,511.00
$562.50
$473.50
$1,351.00
$1,133.00
$2,251.50
$1,889.50
$464.50
$388.50
$1,112.50
$934.50
$1,856.00
$1,556.50
$579.50
$487.50
$1,391.50
$1,167.00
$2,319.00
$1,946.00
Please see Section 42. for more details about hiring Dancers.
9. On-Camera Narrator/Spokesperson
a)
On-Camera Narrators or Spokespersons are Performers who perform oncamera and whose primary function is to explain, demonstrate, instruct or
promote, substantially in monologue. No more than two (2) Performers shall
be employed as On-Camera Narrators/Spokespersons in any program
produced under this Contract. However, nothing in this Agreement shall be
deemed to prevent any Performer from negotiating for and/or obtaining better
terms than the minimum terms provided for herein.
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b) Compensation
5/1/15 – 10/31/16
Category I
First Day
$917.50
$1,088.00
($504.50+413)
($628.00+460)
Each Additional Day $504.50
B.
Category II
$628.00
11/1/16 – 4/30/18
Category I
$945.00
($519.50+425.50)
$519.50
Category II
$1,121.00
($647+474)
$647.00
Principal Performers - Off-Camera (Voice Over/Singer)
1. Voice-Over – Compensation
5/1/15 – 10/31/16
First Hour
Each Additional ½ hour
11/1/16 – 4/30/18
Category I
Category II
Category I
Category II
$413.00
$121.00
$460.00
$121.00
$425.50
$ 124.50
$474.00
$124.50
2. Singer
A contractor shall be employed when Singers (in a group of 3 or more) are to be
employed. The contractor shall be a member of such group except in those cases
where the sex of the group precludes the utilization of the contractor’s singing
services.
5/1/15 – 10/31/16
Solo/Duo, per hour
Group, per hour
Step Out, per hour
11/1/16 – 4/30/18
Category I
Category II
Category I
Category II
$271.00
$181.00
$225.50
$304.50
$204.50
$256.00
$279.00
$186.50
$232.50
$313.50
$210.50
$263.50
Contractor-50% additional
Please see Section 43. below for more details about hiring Singers.
3. Retakes-Voice-Over Performers Only
Retakes are limited to thirty (30) minutes in-studio time per program. Any time
beyond thirty (30) minutes shall require a full session fee. In the event the entire
script is re-recorded (regardless of the number of lines), the full session fee shall be
paid to the Performer. If the "call back" occurs later than sixty (60) days after the
original recording session, the Performer shall receive the full session fee. The partial
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script retake shall only be used for the purpose of script adjustments and correction of
errors provided that neither the nature of the program nor the intended audience is
altered.
5/1/15 – 10/31/16
Category I
Entire script:
First hour
$413.00
Each add’l ½ hour
$121.00
Partial Script, within 60 days:
30-minute session
$224.50
C.
11/1/16 – 4/30/18
Category II
Category I
Category II
$460.00
$121.00
$425.50
$124.50
$474.00
$124.50
$224.50
$231.00
$231.00
Off-Camera Narration
An On-Camera Performer who gives an off-camera narration other than as the
character portrayed on-camera shall be paid a full additional off-camera wage for
such narration.
D.
Doubling and Dubbing - Principal Performers Only
1. Doubling. Any Performer of any category shall be paid full additional fees applicable
to each double. Principal Performers (narrators, principals, soloists and duos) may not
double without additional full principal performer fees. It shall not be a double if a
soloist or duo speaks in character or an actor sings in character.
2. Dubbing. Producer agrees that it will not "dub" the voice of Day Performers
employed at a rate of $686.50 ($707.10 effective 11/1/16) or more per day or of 3Day Performers or of Weekly Performers at any wage rate without such Performer's
written consent, except that Producer shall have the right to dub under the following
circumstances:
a)
When necessary to meet expeditiously the requirements of foreign exhibition
or domestic exhibition in a foreign language; or
b) When the Principal Performer is not available; or
c)
When the Principal Performer fails or is unable to meet certain requirements
of the role, such as singing or the rendition of instrumental music or other
similar services requiring special talent or ability other than that possessed by
the Principal Performer; or
d) When the Principal Performer is physically unable to speak.
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The Principal Performer agrees that under any of the conditions set forth above,
Producer shall have the right to dub the voice of the Principal Performer and all
instrumental, musical and other sound effects to be produced by the Principal
Performer to such extent as may be required by Producer.
E.
Background Actors
1. The rates listed below shall apply to the first ten (10) Background Actors employed
per day for each Non-Broadcast program produced.
2. Agency Fees
All compensation paid to Background Actors employed by Producer through any
agency shall be net to the Background Actor, except for such deductions or
withholdings as may from time to time be provided by law or by this Agreement; it
being agreed that the Producer and not the Background Actor shall bear the agency fee
for obtaining employment, and that the Background Actor shall not be required by
Producer to pay such agency fee directly or indirectly.
3. Definition of Background Actors
a)
General Background Actor
(1) The General Background Actor rate shall be applicable for the
performance of ordinary business including normal action, gestures
and facial expressions portraying the functions of the background
actor assignment. Ordinary business does not include work requiring
additional compensation as hereinafter provided.
(2) A General Background Actor required to do photographic doubling
shall be paid the Special Ability Background Actor rate.
b) Special Ability Background Actor - Including Stand-in, Photo Double
(1) The Special Ability rate shall be paid to Background Actors who
possess special ability and who are specifically called or assigned to
perform work requiring such special ability. Special ability shall
include but is not necessarily limited to the following areas of special
skill:
Riding horses, driving horses, handling livestock, nonprofessional
singing (excluding atmospheric singing in groups of more than 16),
mouthing to playback in groups of sixteen or less, professional or
collegiate type athletic sports (water polo, polo, football, basketball,
baseball, tennis, golf), sports officiating, riding or handling camels or
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elephants, amputees, motorcycle driving, insert work and practical
card dealing.
(2) Nothing in this Agreement shall prevent any Special Ability
Background Actor from negotiating and obtaining from the Producer
better conditions and terms of employment than those herein
provided.
(3) Dancing and skating Special Ability Background Actors doing lifts,
throws, catches and falls shall be upgraded in accordance with the
work performed.
(4) A Special Ability Background Actor assigned to do photographic
doubling shall receive, in addition to the basic rate, the difference
between the General Background Actor rate and the Special Ability
rate.
c)
Silent Bit Background Actor
Where a Background Actor is directed to and does satisfactorily rehearse or
perform pantomime of such significance that it portrays a point essential to the
staging of the scene involved, such performance shall constitute a "Silent Bit."
d) See 6.B.1.b. for definition of a Professional Background Actor in crowds at
public events.
4. Compensation
a)
Daily Rates
General Background
Special Ability
Silent Bit
5/1/15 – 10/31/16
11/1/16 – 4/30/18
Category I or II
Category I or II
$131.50
$144.50
$245.00
$135.50
$149.00
$252.50
b) Weekly Rates
The salary for Background Actors employed by the week shall be five (5)
times the minimum daily rates as specifically set forth above. Background
Actors employed by the week are guaranteed a minimum of five (5)
consecutive days. After this minimum guarantee has been fulfilled, Producer
may continue the employment on a pro rata basis for each non-premium day
of work beyond the guaranteed week at one-fifth (1/5) of the weekly rate.
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However, the sixth and seventh days of work shall be compensated at double
the daily rate.
5. The workweek for daily Background Actors shall be the established payroll week of
the Producer consisting of seven (7) consecutive calendar days starting at midnight on
Saturday. The workweek and payroll week for Background Actors employed by the
week shall commence with the first day of employment.
6. The guarantee of employment for daily employees shall be one (1) day's pay for eight
(8) hours. The foregoing guarantee is subject to rights of cancellation as provided in
Section 20.B.
F.
AUDIO PROGRAMS
AUDIO COMMERCIALS MAY NOT BE PRODUCED UNDER THIS SECTION.
1. Compensation
Recording fees shall be paid to Performers on Non-Broadcast recorded audio material
on the basis of "in-studio time" (time of recording sessions). Except where noted
(recordings of three [3] minutes or less), such fees shall not relate to the length of the
finished product. In all cases, a single production (one story) may be recorded in each
session. Full session fees shall be paid for each additional production recorded.
a)
Principal Performer
5/1/15 – 10/31/16
Category I
Category II
First Hour
$413.00
$460.00
Each add’l ½ hour $121.00
$121.00
or segment thereof
Retakes: (½-hr. session) $224.50 $224.50
3 Minutes: (½-hr. session) $246.50 $272.00
11/1/16 – 4/30/18
Category I
Category II
$425.50
$124.50
$474.00
$124.50
$231.00
$254.00
$231.00
$280.00
If the session exceeds 30 minutes, the fee shall revert to the session fee
provided above for Principal Performers. This 3-minute fee is available to
Principal Performers only.
b) Non-Principal Performer
(1) At least one (1) Performer shall be paid under the basic rates for
Principal Performers in order to qualify another Performer as a NonPrincipal Performer. The Producer shall advise the Performer prior to
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actual engagement if such Performer is to be classified as a NonPrincipal Performer.
(2) A Non-Principal Performer may perform no more than fifteen (15)
lines. A line shall consist of not more than ten (10) words and part of
a line shall be considered a line.
(3) A Non-Principal Performer may perform in two (2) roles for the
minimum in F.1.a. above for the one-hour session provided that the
total number of lines in the two (2) roles do not exceed fifteen (15).
Time beyond sixty (60) minutes shall be paid at the indicated rate for
each contiguous thirty (30) minute segment or part thereof.
(4) An additional fee equal to no less than the first hour session fee as
specified in F.1.a. above shall be paid the Non-Principal Performer in
each of the following cases:
(a)
If the two roles exceed fifteen (15) lines;
(b) If the Performer performs in more than two (2) roles: a
separate fee for each additional role.
5/1/15 – 10/31/16
Category I
First Hour
Each add’l ½ hour
or segment thereof
$186.00
$73.00
Category II
$206.50
$81.00
11/1/16 – 4/30/18
Category I Category II
$191.50
$75.00
$212.50
$83.50
2. Singers
a)
Singers shall be paid on a per hour basis, as set forth in subsection f. below.
b) There must be a rest period of five (5) minutes in each one (1) hour of
rehearsal, whether coaching or orchestra.
c)
If out of any group a Soloist or Duo steps out and sings less than eight (8)
cumulative bars or speaks up to ten (10) words, then each of the Singers so
stepping out or speaking words shall be paid the Step-Out rate in f. below in
addition to the group fee for the group called.
d) For every singing group of three (3) or more, there shall be a Contractor who
shall perform any service commonly associated with the services of a
Contractor or Leader, such as but not limited to contacting Singers or
correcting vocal parts, arranging auditions or rehearsals or other similar or
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supervisory duties. The Contractor shall be appointed before the session. The
Contractor shall be a member of such group except in those cases where the
sex of the group precludes the utilization of the Contractor's singing services.
The Contractor shall be present at all times during the session, and all requests
from the Producer relating to matters covered by this Agreement shall be
made through the Contractor. It shall be the Contractor's responsibility to
request a five (5) minute rest period during each hour of work. The Contractor
shall also prepare and file with SAG-AFTRA, for all members of the group,
the Member Report. The fifty percent (50%) additional compensation due
Contractors shall be added to all other fees due for the session.
e)
Any individual member of a singing group, who auditions for Non-Broadcast
recorded material, shall, in the event that said group is accepted for the nonbroadcast recorded material, be considered to be a member of said group and
hired to perform on the material when recorded by the group, except for
justifiable cause.
f)
Compensation
5/1/15 – 10/31/16
Category I
Category II
11/1/16 – 4/30/18
Category I Category II
Per Hour:
Solo
$271.00
Solo and Group $225.50
(less than 16 bars)
Groups (3 or more) $181.00
Step-Out
$28.50
(Solo/Duo steps out of group)
$304.50
$256.00
$279.00
$232.50
$313.50
$263.50
$204.50
$28.50
$186.50
$29.50
$210.50
$29.50
Contractor – additional 50% of contract scale
3. Interactive Voice Recording (IVR)/Phone Prompt Systems
Interactive Voice Recording systems are designed to primarily identify companies,
refer callers to correct persons or departments, and/or voice mail messages.
Interactive Voice Recording Systems may include an incidental advertising or
promotional message, while the “on-hold caller” hears, “Take advantage of our halfprice brake service this month” or a similar message.
An incidental advertising or promotional message recorded under this provision must
be recorded by the same Performer at the same session.
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a)
Compensation
IVR/Phone Prompt Systems rates are based on the Audio Program Principal
Performer First Hour rate. See Section F.1.a.
First Hour, per client
Each add’l ½ hour
or segment thereof
5/1/15 – 10/31/16
11/1/16 – 4/30/18
$413.00
$121.00
$425.50
$124.50
These rates permit an unlimited period of use.
4. Phonecasting
Recordings under this subsection are designed to be delivered through the telephone
and made accessible to the general public. Such recordings include (but are not
limited to):
a)
Information to consumers (e.g., drugs, financial, health, and ski conditions);
b) Promotion of products, services or persons (e.g., campaign ads left on
answering machines, etc.);
c)
Entertainment services (e.g., “Dial-a-Joke” or “Dial-a-Prayer”).
d) Compensation
First Hour, per client
Each add’l ½ hour
or segment thereof
5/1/15 – 10/31/16
11/1/16 – 4/30/18
$413.00
$121.00
$425.50
$124.50
These rates permit an unlimited period of use.
5. Storecasting
a)
The Producer, notwithstanding the number of messages recorded during a
session for a single client, may acquire rights for Storecasting, which are
amplified and made accessible to the general public at public places of
business, by payment of not less than the amounts set forth below.
b) Compensation
3 months use
6 months use
5/1/15 – 10/31/16
11/1/16 – 4/30/18
$413.00
$826.00
$425.50
$851.00
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c)
After completion of the first six (6) months of use, subsequent use periods, not
to exceed six (6) months, may be obtained by payment of not less than the
current minimum session fee in effect at the time of use.
A buyout of material recorded for Storecasting may be obtained by payment
of not less than three times scale i.e., 3 x $413.00 (3 x $425.50 eff. 11/1/16) at
the time of the session.
6. Retakes
Retakes are limited to thirty (30) minutes in-studio time per program and any time
beyond thirty (30) minutes shall require a full session fee. In the event the entire
script is re-recorded (regardless of the number of lines), the full session fee shall be
paid. If such "call back" occurs later than sixty (60) days after the original recording
session, the Performer shall receive the full session fee.
Performers called back other than for a retake will be paid the full applicable fee
provided for elsewhere in this Agreement.
7. Doubles
Any Performer of any category shall be paid full additional fees applicable to each
double. Principal Performers (narrators, principals, soloists and duos) may not double
without additional full principal performer fees. Non-Principal Performers are
restricted in doubling as provided in subsection F.1.b. above. It shall not be a double
if a soloist or duo speaks in character or an actor sings in character.
8. Editing and Dubbing
Except as provided in this paragraph, Producer agrees that without SAG-AFTRA's
consent previously obtained in writing no mechanical reproduction will be made by
the Producer except from an actual "live" performance by Performers, and Producer
further agrees not to make any re-recordings by any means whatsoever of previously
recorded performances or part thereof. Recorded material (or parts thereof) used for
processing or making duplicate records from masters are not prohibited.
G.
Payment – All Performers
1. Timing
Payment must be mailed by Producer to the Performer/designee not later than thirty
(30) calendar days following the day(s) of employment. SAG-AFTRA reserves the
right to require Producer to forward Performer payments to the appropriate SAGAFTRA office. All Supplemental Use Payments shall be due and payable within
thirty (30) calendar days after initial exhibition of the Program in any supplemental
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INDEX
markets or uses as indicated in Sections 9.B.1.c. and 9.C.1-10. All payments of
compensation for the services of Performers hereunder shall be made by check to the
Performer entitled thereto, as provided in this Agreement. A check voucher or
statement shall accompany each check and shall contain complete information
identifying the program(s), client(s), employment date(s) as well as unemployment
insurance information, including employer of record, employer's address, state in
which unemployment insurance is filed and state identification number.
2. Liquidated Damages for Late Payment
a)
In the event Producer fails to make timely payment, as herein provided, the
following cumulative liquidated damage payments shall be due and payable to
the Performer for each day, beginning with the day following the date of
default: $3.00 per day up to thirty (30) days (excluding Saturdays, Sundays
and holidays), to a maximum of $90.00. Thereafter, the liquidated damages
payment shall cease to accrue unless either SAG-AFTRA or the Performer
gives written notice to Producer of nonpayment. In the event such notice is
given and full payment, including accrued liquidated damages, is not made
within twelve (12) working days thereafter, the Producer shall be liable for an
immediate additional liquidated damages payment of $75.00 plus further
liquidated damage payments at the rate of $5.00 per day from the date of the
receipt of notice of nonpayment, which shall continue without limitation as to
time until the delinquent payment together with all liquidated damages is fully
paid. Such liquidated damages shall be in addition to any and all other
remedies which SAG-AFTRA may have against Producer under this
Agreement.
b) In the event of a claim, any undisputed sums due and payable to the Performer
shall nevertheless be paid within the time periods specified in this Agreement.
Failure to make timely payments shall activate the liquidated damages
provision above.
c)
Liquidated damages for late payment shall begin to accrue twelve (12)
business days after the settlement of a disputed claim.
d) In the event Producer fails to make timely payments as required hereunder,
SAG-AFTRA may, by written notice, require the payments to be sent to
Performers in care of a designated SAG-AFTRA office.
3. Social Security, Withholding, Unemployment and Disability Insurance Taxes
a)
All compensation paid to Performers covered by the agreement for or in
connection with the making and use of Non-Broadcast programs constitutes
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INDEX
wages and as such is subject to Social Security, withholding, unemployment
insurance taxes and disability insurance taxes. Producer and others who
assume the contractual obligation to make such payments shall also make the
required payments, reports and withholding with respect to such taxes.
b) Employers must honor a Performer's request that taxes be withheld over a
longer payroll period (i.e., by a more favorable tax withholding schedule).
Producer shall attach appropriate forms for this purpose to Performer's
contract.
4. Non-Waiver of Rights
The acceptance of payment or other consideration in money, by check, or in any other
form, by a member of SAG-AFTRA, for any work or services under this Agreement
shall not be deemed a waiver by such SAG-AFTRA member nor constitute a release
or discharge by him/her or such SAG-AFTRA member's rights either under this
Agreement or under any agreement, for additional compensation or of his/her
contractual rights. Releases, discharges, notations on checks, cancellations, etc., and
similar devices which may operate as waivers or releases shall be null and void to the
extent provided for above unless SAG-AFTRA's prior written approval is first
obtained.
5. Prohibition Against Crediting
Any Performer who is engaged to perform services at scale, or under terms or
conditions over and above the minimum scales, terms or conditions provided for in
this Agreement, shall nevertheless have the protection and benefits of all other
provisions and conditions set forth in this Agreement. Further, no compensation paid
to a Performer for services in excess of the minimum may be credited against
overtime, penalties or any other compensation due the Performer. (Exception
regarding Supplemental Market Use, see 9.B.d.)
8. AFTRA HEALTH & RETIREMENT FUNDS
A.
Contributions
With respect to services performed under this Agreement (including all services such as
rehearsal performed in connection therewith), the Producer shall pay to the American
Federation of Television and Radio Artists Health and Retirement Funds (hereinafter
referred to as the AFTRA Health and Retirement Funds), and the AFTRA Industry
Cooperative Fund (“AICF”), (collectively, “the Funds”) a sum equal to sixteen onehundredths (.16) of the gross compensation due each Performer for such services. The
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INDEX
Producer's obligation to pay such sum shall apply to the Performer's gross compensation,
including talent agent's commission (it being understood that nothing in this Agreement
shall be construed as requiring Producer to pay a talent agent's commission), without any
deductions whatsoever, whether pursuant to oral or written contracts. The Parties agree
that:
1. Fifteen and seventy one-hundredths percent (15.70%) of such contributions shall be
allocated to the AFTRA Health and Retirement Funds; and
2. Thirty one-hundredths percent (0.30%) shall be allocated to the AICF.
The aforesaid sum, earmarked in Section 8.A.1. above, shall be used solely:
a)
For the purpose of providing pension benefits for eligible Performers under
this Agreement;
b) For the purpose of providing welfare benefits for eligible Performers under
this Agreement, and at the discretion of the Trustees, for their families; and
c)
For the incidental expenses connected with the establishment and
administration of the AFTRA Health and Retirement Funds.
The aforesaid sum may also be used to provide occupational disability benefits to
Performers who suffer disability arising out of or in the course of employment in
rendering services within the jurisdiction of SAG-AFTRA. The Trustees of the
AFTRA Health and Retirement Funds are directed to continue such benefits to
Performers, whether or not eligible for other benefits of the AFTRA Health and
Retirement Funds, so long as the Trustees determine in their discretion that such
benefits can be provided to such Performers without impairing the financial capacity
of the AFTRA Health and Retirement Funds to continue or expand the existing plan
of benefits.
The AICF proceeds are earmarked for the administration of programs intended to
benefit Performers and to increase awareness of the provisions of the Agreement.
B.
The AFTRA Health and Retirement Funds shall be Trust Funds and shall be administered
under the AFTRA Pension and Welfare Funds Agreement and Declaration of Trust, dated
November 16, 1954, which Agreement and Declaration of Trust, as Amended, is hereby
ratified and confirmed, and is made a part of this Agreement with the same force and effect
as though fully set forth herein.
C.
The Producers and AFTRA hereby ratified and confirmed the action of the Trustees of the
AFTRA Health and Retirement Funds in amending the existing Agreement and Declaration
of Trust, dated November 16, 1954 to provide coverage for the benefit of AFTRA employees
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and employees of the AFTRA Health and Retirement Funds upon terms and conditions
established by the Trustees.
D.
Each Producer shall furnish the Trustees the information pertaining to the names, job
classifications, social security numbers and wage information as may be reasonably required
for the proper, low-cost and efficient administration of the AFTRA Health and Retirement
Funds. Producer agrees to furnish a Remittance Report and to pay to the appropriate AFTRA
Health and Retirement Funds office the contribution specified in subparagraph A. not later
than fifteen (15) days (or a later date if agreed to by SAG-AFTRA) after the date payments
are due as set forth above.
E.
These provisions of the AFTRA Health and Retirement Funds are in addition to (and not in
substitution in whole or in part for) any existing pension and/or welfare funds covering any
of the Performers under this Agreement; and no Performer shall lose, in whole or in part, any
of his/her rights or privileges under such other pension and/or welfare funds by virtue of
receiving or being entitled to receive benefits under the AFTRA Health and Retirement
Funds, nor may any payment, rights, or privilege available to a Performer under the AFTRA
Health and Retirement Funds be credited to any payment, rights, or privilege under any other
pension and/or welfare funds and vice versa. Based on the representation of advertising
agencies which sign letters of adherence that none of the Performers covered by this
Agreement are within the coverage of any existing pension and/or welfare funds maintained
by advertising agencies and/or advertisers, the provisions of this Section 8. are not intended
to apply to such advertising agencies and/or advertisers.
F.
No part of the Producer's contributions of the Performer's benefits from the Health and
Retirement Funds: 1) may be credited against the Performer's overscale compensation or
against any other benefits or emoluments whatsoever that they may be entitled to, no matter
what form such other benefits or emoluments may take; or 2) are subject to any talent agency
commission or other deduction.
G.
With respect to any agreement for the services of a Performer (f/s/o agreement), including
services covered by the SAG-AFTRA Corporate/Educational and Non-Broadcast Contract, to
be furnished by a "loan-out company" (i.e., a corporation which is controlled by the
Performer and which furnishes Performer's services to others under an f/s/o agreement),
payments into the AFTRA Health and Retirement Funds (hereinafter "contributions") shall
be governed by the following:
1. In its f/s/o agreement with the loan-out company, the Producer shall state separately
the compensation applicable to services covered by the SAG-AFTRA
Corporate/Educational and Non-Broadcast Contract.
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INDEX
2. If other than SAG-AFTRA covered services are involved and an amount is allocated
to such other services, the Producer shall notify SAG-AFTRA of the amount
allocated to the SAG-AFTRA covered services. If SAG-AFTRA disputes the amount
allocated to the SAG-AFTRA covered services the parties will discuss what the
appropriate allocation of such compensation shall be, giving substantial consideration
in resolving the dispute to the Performer's "customary salary." If, after such
discussions, SAG-AFTRA does not agree on the appropriate allocation, then either
party may submit the matter, as it relates to Health and Retirement contribution only,
to arbitration in accordance with the provisions of this Agreement.
3. Contributions shall be based on the amount the Producer pays the loan-out company
for furnishing the Performer's SAG-AFTRA covered services.
4. The Producer shall have the obligation to make the contributions directly to the Funds
whether the agreement is with the Performer or with the Performer's loan-out
company.
5. If, prior to the date on which Producer assumed the obligation to make the
contributions directly to the Funds, a loan-out company has failed to make the
applicable Health and Retirement contributions on behalf of the loaned-out Performer
pursuant to the provisions of any applicable SAG-AFTRA Corporate/Educational and
Non-Broadcast Contract, Producer shall not be liable for such contributions if the
loan-out company failed to pay such contributions more than four (4) years prior to
the dates of commencement of the audit that gives rise to the claim (whether or not it
is of the loan-out company's records or the borrowing Producer's records). The date of
commencement of the audit shall be deemed to be the date of actual audit entry, but
in no event later than ninety (90) days after the date the Fund receives notice of intent
to audit. In the event that the Funds conclude, based on an audit of a loan-out
company's records, that there exists a claim for unpaid contributions, the Funds or the
Union must give the borrowing Producer written notification of any such claim for
unpaid contributions at the time that the loan-out company is notified of such claim.
6. Claims against the Producer for Health and Retirement contributions on behalf of
Performers borrowed from a loan-out company, or claims against the Producer on
behalf of Performers employed directly by the Producer, must be brought within four
(4) years from the date of filing of the compensation remittance report covering such
Performers. Any claim for contributions not brought within the four (4) year period
referred to in paragraph 8.G.5. above shall be barred.
H.
Wherever the phrase "Agreement and Declaration of Trust" is used in this Agreement, the
Trustees shall have the right in their discretion to construe said phrase to also mean the
plural.
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9. SUPPLEMENTAL USE – PRINCIPAL PERFORMERS ONLY
A.
Supplemental Use
1. Producer may acquire the following additional exhibition rights upon payment of the
amounts listed below.
2. Internet and New Media use is included, and not supplemental.
B.
Payment Structures
1. Total Applicable Salary
a)
In the case of a Day Performer or a 3-Day Performer, the Total Applicable
Salary shall be computed by multiplying the total number of days of the
Performer's employment by the salary paid for each of such days, excluding
overtime, but in the event that Performer was employed at a regular daily rate
in excess of one hundred fifty percent (150%) of the applicable minimum
daily rate, the amount above one hundred fifty percent (150%) is not to be
included in the computation.
b) In the case of a Weekly Performer, the Total Applicable Salary shall be
computed by multiplying the total number of weeks of the Performer's
employment by the salary paid Performer for each of such weeks, excluding
overtime, and adding thereto the total sum paid for additional days worked by
Performer, if any, but in the event that Performer was employed at a regular
weekly rate in excess of one hundred fifty percent (150%) for any additional
day, the amount above one hundred fifty percent (150%) is not to be included
in the computation.
c)
Group Dancers Total Supplemental Use payment is subject to a ceiling of fifty
percent (50%) of Total Applicable Salary. Solo/Duo Dancers receive
Supplemental Use payment without ceiling.
d) When any Performer's regular daily rate is three and one-half (3½) times the
applicable daily minimum or more, the Performer may agree that such
compensation includes the rights described below in this Section, provided
that such agreement is stated in the Performer's contract.
e)
Supplemental Use rates are based off of the Total Applicable Salary
f)
Payments made within 90 days of the end of principal photography are at a
lower rate than payments made after that date.
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C.
Supplemental Use Types
1. Basic Cable Television Use (Worldwide)
Three years' use
Within 90 Days
Beyond 90 Days
15%
65%
The above listed rates also include programs of ten (10) minutes or less which may be
used as "fillers" on pay cable television. The three-year use period commences with
the first such exhibition.
A single renewal of the use period can be obtained at the Producer's option provided
the Performer receives written notice at least sixty (60) days prior to the end of the
initial use period and is paid an additional fee of not less than the amount of the
original fee for basic cable use. A second renewal period shall be subject to separate
bargaining with the Performer at the time of such renewal and at terms not less than
those listed above.
2. Non-Network Television (U.S. and Canada) Unlimited Runs
Within 90 Days
Beyond 90 Days
75%
125%
3. Theatrical Exhibition (Worldwide) Unlimited Runs
Within 90 Days
Beyond 90 Days
100%
150%
4. Foreign Television (Outside of U.S. and Canada) Unlimited Runs
Within 90 Days
25%
Beyond 90 Days
75%
5. Sale and/or Rental to Industry
Payment of the Sale/Rental to Industry fee specified in this section shall not be
required if Performer has received the Integration/Customization fee for such
program (see 6. below).
Within 90 Days
Beyond 90 Days
15%
25%
Examples:
a)
A program on personal hygiene distributed to hospital employees;
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b) A program on updated tax laws distributed to accountants;
c)
A program on a tooth whitening (bleaching) procedure distributed to dentists.
6. Integration/Customization
Integration is the inclusion of any photography and/or sound track from a program in
one or more
additional programs.
A program is defined as
Corporate/Educational/Non-Broadcast recorded material produced for one client on a
single subject and released as a package. If a program, though on a single subject,
consists of distinct units from the standpoints of their design and intended use, then
each such unit shall be considered and paid for as a separate program. This foregoing
definition specifically does not apply to sections of an interactive video disc program
that may appear to be many programs due to the way viewers call up various sections.
Customization is the modification of a program's content, logo, or corporate ID for a
different client by means of audio, video or graphics. Only Performers whose services
are in the resulting new program(s) so integrated and/or so customized shall be paid.
There shall be no limit to the number of programs that may be created under this
Section.
Integration and/or Customization fees shall be based upon the Performer's Total
Applicable Salary. Performers who revise such programs at the original session or are
recalled to revise such programs shall be paid per program fees at not less than the
on-camera or off-camera rates, as appropriate.
Performers whose performances are utilized in subsequent programs by means of
customization or integration will be entitled to only one payment for the unlimited
use of the program or parts thereof in which they were originally employed.
Payment to the Performer of the Integration/Customization fee shall entitle Producer
to sell and/or rent the program to industry without additional payment (see 5. above).
Integration and/or Customization is a paid at 100% of Performer’s Total Applicable
Salary.
7. Rights to all of the Above
The rights described in subsections 1-6. above may be acquired as a group within
ninety (90) days of completion of principal photography by payment of two hundred
percent (200%) of Total Applicable Salary.
8. Network Television
a)
Network television rights are available only by negotiation with and approval
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of SAG-AFTRA. Unless these rights are specifically denied by the Performer
to the Producer at the time of initial hiring, the Performer shall be bound to the
terms and conditions agreed to by SAG-AFTRA. Such denial of rights shall
be indicated on the Performer's contract.
b) For the term of this Agreement "network television" shall be limited to ABC,
CBS, NBC, and Fox.
9. Pay Cable Television
Pay Cable Television rights are available only by negotiation with and approval of
SAG-AFTRA. Unless these rights are specifically denied by the Performer to the
Producer at the time of initial hiring, the Performer shall be bound to the terms and
conditions agreed to by SAG-AFTRA. Such denial of rights shall be indicated on the
Performer's contract.
10. Sale and/or Rental to the General Public
Performer shall receive actual session payment plus no less than two hundred percent
(200%) of scale for the number of days worked as compensation for the sale and or
rental of a program to the general public (over-the-counter rights).
11. Programs for Government Services
Producer may acquire Non-Network Television, Theatrical and Foreign Television
rights for programs produced for government service by payment of forty percent
(40%) of Performer's Total Applicable Salary within ninety (90) days of the
completion of principal photography.
D.
Restrictions on Use of Programs
1. Initial Primary Use
a)
Each program shall be designated by Producer as intended for primary initial
use in either Category I or Category II as defined in Sections 5.A. and 5.B.
2. Expanded Use Beyond Original Category
a)
Producer may obtain Category II use rights for a program produced for
Category I use by paying a percentage of Total Applicable Salary:
Within 90 Days
Beyond 90 Days
50%
100%
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b) Producer has the right to Category I use of Category II programs without
additional payment to Performers.
E.
Restrictions on Use of Audio Programs
1. Use of Material Where Admission Is Charged
The Producer shall give advance notice to SAG-AFTRA prior to use of recorded
material provided for in this Agreement at any place where admission is charged. In
the event Producer is aware prior to production that such use is intended, Producer
will notify SAG-AFTRA in advance of any services performed by any Performer.
The use or production of such material shall be subject to the consent of the
Performer and such terms and conditions as are agreed upon between SAG-AFTRA
and the Producer.
2. Supplemental Exhibition
In the event Producer desires to acquire distribution rights for any material produced
under this Section of this Agreement for sale to the general public, such rights shall
be the subject of prior negotiations with SAG-AFTRA.
10. USE IN A NEW PROGRAM CREATED FOR ANOTHER FIELD OR MEDIUM THEATRICAL MOTION PICTURES, TV PROGRAMS, COMMERCIALS, ETC.
A.
The rights to Producer for programs produced under this Agreement are limited to the right
to use, distribute, reproduce and/or exhibit such programs initially and primarily in
accordance with the definitions of Category I and II in Section 5. of this Agreement. Any
supplemental use rights are limited to those described in Section 9. of this Agreement.
B.
Producer agrees that no part of the photography or sound track of a Performer made for a
program shall be used in a new program created for another field or medium (other than the
non-broadcast field, see Section 9.C.6. Integration and/or Customization) without separately
bargaining with the Performer and reaching an agreement regarding such use. The foregoing
requirement of separate bargaining applies to use in theatrical motion pictures, commercials,
television programs or use in any other field or medium. Such separate bargaining shall take
place prior to the time of such proposed use, but the Performer may not agree to such use at
the time of original employment. The Producer's rights to use portions of one program in
another Non-Broadcast program (Integration and/or Customization use rights) are limited to
those described in Section 9.C.6. of this Agreement.
1. All such bargaining shall be subject to the minimum wages and use fees provided for
in the collective bargaining agreement, if any, applicable to the field in which the
photography or sound track is used. If Producer is unable to find the Performer within
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a reasonable time, it shall notify SAG-AFTRA, and if SAG-AFTRA is unable to find
the Performer within a reasonable time, Producer may reuse the photography or
sound track without penalty.
If Producer fails to bargain separately with the Performer as provided above, or if
Producer and the Performer bargain but are unable to reach an agreement, Producer
shall be prohibited from making such use of the material. In case of violation of the
foregoing, the Performer shall be entitled to damages for such unauthorized use
equivalent to three (3) times the amount originally paid the Performer for the number
of days of work covered by the material used. In addition, minimum use fees, if any,
applicable to the field in which the material is used shall be paid. However, the
Performer may, in lieu of accepting such damages, elect to arbitrate the claim or bring
an individual legal action in a court of competent jurisdiction to enjoin such use and
recover such damages as the court may fix in such action.
The provisions of this subsection B.1. shall not be applicable to unidentifiable OffCamera Group Performers. With respect to On-Camera Performers, the provisions of
this subsection B.1. shall apply only if the Performer is recognizable and, with respect
to Stunt Performers, only if the stunt is identifiable. However, all Solo and Group
Singers shall be covered by the provisions of this subsection B.1.
2. If the Producer wishes to use the Performer's sound track in a simulcast, the
individual Performer's contract shall contain a provision requiring additional
compensation payable at the time of such simulcast. Such additional compensation
shall be no less than the rates provided for in the applicable collective bargaining
agreement for radio.
3. No service of the Performer is contracted for except as specified in this Collective
Bargaining Agreement. This paragraph is not intended to prevent a Performer from
contracting for services of a kind not covered by this Agreement by individual
contract at such rates of pay and under such conditions as Producer and the Performer
shall agree, subject only to the requirement that it shall not be in conflict with this
Collective Bargaining Agreement. Producer shall not require a Performer to include
such services as a part of the Performer's employment under this Agreement but must
bargain separately.
11. UNION SECURITY
A.
Until and unless the union security provisions of the Labor Management Relations Act, 1947,
as amended, are repealed or amended so as to permit a stricter union security clause, it is
agreed that during the term of this Agreement, Producer will employ and maintain in
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employment only such persons covered by this Agreement who are members of SAGAFTRA in good standing or those who shall make application for membership on the
thirtieth (30th) day following the beginning of employment hereunder or the date of
execution of this Agreement, whichever is later, and thereafter maintain such membership in
good standing as a condition of employment. As used herein, the requirement of SAGAFTRA membership means the requirement to tender uniform SAG-AFTRA initiation fees
and dues.
B.
In the event that said Act is repealed or amended so as to permit a stricter union security
clause, the above provision shall be amended accordingly. The provisions of this paragraph
are subject to said Act.
C.
It is understood that it would be impossible to accurately fix the actual damages suffered by
SAG-AFTRA by reason of a breach by a Producer of the provisions of this Section. It is
therefore agreed that the Producer will pay to SAG-AFTRA, as liquidated damages, the sum
of $320 for each breach by the Producer of this Section. The hiring by the Producer of a
Performer in violation of the provisions hereof shall be deemed a single breach, regardless of
the number of days of employment involved in the hiring; but each separate hiring of the
same person in violation hereof shall be deemed a separate breach.
D.
Any breach of the provisions of this Section shall be subject to arbitration between SAGAFTRA and the Producer.
The Producer agrees to report to SAG-AFTRA in writing within fifteen (15) business days of
the first employment of a nonmember of SAG-AFTRA (or within twenty-five [25] days of
the first employment of a nonmember of SAG-AFTRA on an overnight location), giving the
nonmember's name, social security number, and first date of employment. An inquiry by any
Producer to SAG-AFTRA as to the first date on which a Performer has been employed in the
Industry shall be answered by SAG-AFTRA, and its answer shall bind SAG-AFTRA, and the
Producer, if it acts in good faith, shall not be liable for acting on such answer, but the
Producer who failed to report shall be liable to SAG-AFTRA for such failure to report. The
inquiry provided for in the preceding sentence may be made before, on, or one business day
after the date of employment.
E.
As used herein, the term "member in good standing" means a person who pays Union
initiation fees and dues in accordance with the requirements of the National Labor Relations
Act.
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12. PROFESSIONAL RECOGNITION – PREFERENCE OF EMPLOYMENT
A.
Principal Performers
1. In recognition of the services performed by professional Performers, Producer agrees
that in the hiring of:
a)
Day Performers, 3-Day Performers, Stunt Performers, Singers, Puppeteers,
Background Actors, Dancers, and Airplane and Helicopter Pilots employed by
the day for work to be performed within the 300-mile or 75-mile zone, as the
case may be, referred to in subsection 3. of this Section, and
b) Weekly Performers (other than those whose guaranteed compensation for the
engagement at a salary rate which is equal to at least double the minimum
scale salary rate for the applicable type of employment) employed for work to
be performed within the 300-mile or 75-mile zone, as the case may be,
referred to in subsection 3. of this Section,
Preference will be given to qualified professional Performers in each such zone who
are reasonably and readily available in such zone.
A "qualified professional performer" for the purpose of this Section is a person who
has had prior employment as a performer at least once during the period of three
years prior to the date of the proposed employment.
2. The obligation of the Producer to give preference to qualified professional performers
as defined in this Section shall require the employment of a qualified professional
performer as so defined in every hiring of such a performer employed by the day and
in every hiring of Weekly and Three-Day Performers (other than those excluded
pursuant to subparagraph 1.b. of subsection A. of this Section) unless no qualified
professional performer of the type required is reasonably and readily available to the
Producer through the use of the present hiring practices generally and customarily
followed by the Corporate/Educational/Non-Broadcast industry in the employment of
such Performers. If a qualified professional performer is reasonably and readily
available to the Producer for employment in the locality where the Producer's studio
is based, such performer shall be deemed available regardless of the place within the
300-mile or 75-mile zone, as the case may be, at which the services are to be
performed.
3. For purposes of this Section, the preference zones shall be as follows:
Albuquerque
Atlanta
75 miles
75 miles
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Baltimore
Boston
Chicago
Cincinnati
Cleveland
Columbus/Dayton
Dallas/Ft. Worth
Denver
Detroit
Hawaii
Houston
Las Vegas
Los Angeles
Minneapolis/St. Paul
Miami
Nashville
New Orleans
New York
Orlando, Florida
Philadelphia
Phoenix / Tucson
Pittsburgh
Portland
San Francisco
San Diego
Seattle
St. Louis
Washington D.C.
75 miles
75 miles
300 miles
75 miles
75 miles
75 miles
75 miles
75 miles
300 miles
75 miles
75 miles
75 miles
300 miles
75 miles
75 miles
75 miles
75 miles
300 miles
75 miles
75 miles
75 miles
75 miles
75 miles
300 miles
75 miles
75 miles
75 miles
75 miles
4. Seventy-five (75) miles from any new SAG-AFTRA office.
5. For purposes of this Section, the above Los Angeles 300-mile zone is the area within
the radius of three hundred (300) miles from the intersection of Beverly Boulevard
and La Cienega Boulevard in Los Angeles, California; the above New York 300-mile
zone is the area within a radius of three hundred (300) miles from Columbus Circle in
New York; the above 75-mile zones are the areas within the radius of seventy-five
(75) miles from the center of the designated city or the location of the SAG-AFTRA
Local Office, whichever the case may be.
6. There shall be automatically excluded from the provisions of this Section the
following:
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a)
Members of a group which is recognized in the trade or by a significant
segment of the public as a "name" specialty group;
b) A person portraying himself or herself or persons portraying themselves; the
exception will apply in effect to important, famous, well-known, or unique
persons or persons of special skills or abilities, who portray themselves;
c)
Background actors who perform non-scripted lines;
d) Military or other governmental personnel, where governmental restrictions
prevent use of nonmilitary or nongovernmental personnel, as the case may be,
in restricted areas or in the handling of governmental property or equipment;
however, the use of military or other governmental pilots or aircraft shall not
be the subject of an automatic waiver, but the facts shall be presented to SAGAFTRA and waivers will be granted in accordance with the previously
established custom in the Corporate/Educational/Non-Broadcast industry;
e)
Persons having special skills or abilities, or special unusual physical
appearance, where such skills, abilities, or appearance are required by and are
used in the production of the program, if professional Performers having such
required skills or abilities or physical appearance are not reasonably or readily
available to the Producer through the use of hiring practices generally and
customarily followed by the motion picture industry in the employment of
such Performers;
f)
The first employment within the studio zone of a person with respect to whom
the Producer presents in writing to SAG-AFTRA facts showing that the
employee 1) has had sufficient training and/or experience so as to qualify for a
career as a professional Performer, and 2) that such employee intends
currently to pursue the career of a motion picture Performer and intends to be
currently available for employment in the motion picture industry;
g)
Children under the age of eighteen (18);
h) The owner of special or unique vehicles or equipment, or an operator
appointed by the owner, if such vehicle or equipment is not available to the
Producer without employing the owner or such operator.
i)
Fashion models who are hired for a print shoot and are incidentally recorded
for a Non-Broadcast program at the same time. This exclusion would not
apply to fashion models initially hired to work on a Non-Broadcast program.
If a Performer is employed under one or more of the exceptions provided for in
subparagraphs a., b., c., d., e., and f. of this subsection 6, the obligation of the Producer to
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give preference to qualified professional Performers in the cases provided in subsections
A.1.a. and A.1.b. of this Section shall nevertheless be applicable to any subsequent
employment of such Performer by Producer.
Producer agrees to report promptly to SAG-AFTRA each hiring under the provisions of
this subsection 6. together with the reasons why the person so employed comes within the
provisions of this subsection.
A joint Producer-Union Committee shall be appointed to resolve claims arising under this
Section between Producers and SAG-AFTRA. If such Committee cannot agree, the claim
shall be subject to arbitration pursuant to Section 59. hereof.
7. It is expressly understood and agreed that nothing in this Section shall alter or modify
Producer's exclusive right to cast any and all Performers performing services for
Producer.
8. It is understood that it would be impossible to fix accurately the actual damages
suffered by SAG-AFTRA by reason of a breach by the Producer of the provisions of
this Section. It is therefore agreed that the Producer will pay to SAG-AFTRA as
liquidated damages the following sum for each breach by the Producer of any of the
provisions of this Section:
$300.00 for a Day Performer
$400.00 for a 3-Day Performer
$600.00 for a Weekly Performer
The applicable liquidated damages shall be doubled in any case of willful
misrepresentation or falsification of the facts by the Producer. The hiring by a Producer
of a person other than a qualified professional performer as herein defined in violation of
the provisions hereof shall be deemed a single breach, regardless of the number of days
of employment involved in the hiring; but each separate hiring of the same person in
violation hereof shall be deemed a separate breach. The liquidated damages provided for
in this Section shall not be compounded with the liquidated damages provided for in
Section 11. hereof.
9. All disputes under this Section shall be determined by arbitration in accordance with
Section 59., hereof.
B.
Background Actors
1. In recognition of the services rendered to Producer by Professional Background
Actors who have held themselves available for employment in the industry, it is
agreed that the Producer shall give preference of employment in filling calls for
background actor work to Professional Background Actors.
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2. Only in the event Professional Background Actors are unqualified, are insufficient in
number or are not readily available according to the present general hiring practices
to meet the employment needs of the Producer, the Producer may secure employees
from any other source. Producer agrees that it or its hiring agency will notify SAGAFTRA prior to so securing employees from other sources. If SAG-AFTRA claims
that there are Professional Background Actors, qualified, sufficient in number and
readily available to meet the employment needs of the Producer in accordance with
the present general hiring practice of the designated agencies, the Producer may
nevertheless hire persons from other sources, but SAG-AFTRA may submit the
dispute to arbitration in accordance with the arbitration procedure provided herein.
3. Nothing herein contained shall be construed to limit in any manner the Producer's
present exclusive right to cast Background Actors and reduce the number of
professional Background Actors.
4. It is agreed that Producer shall give preference in giving call backs and making
adjustments to Professional Background Actors, except as to those Background
Actors who have been "established" in the scene concerned.
5. It is understood that it would be impossible to accurately fix the actual damages
suffered by SAG-AFTRA by reason of a breach by the Producer of the provisions of
this paragraph. It is therefore agreed that, in the absence of any other mutual
agreement regarding liquidated damages for such breach, the claim shall be referred
to the Industry-Union Standing Committee and its decision of such dispute shall be
final and binding.
6. This Section is subject to the limitations of Section 1. and the modifications of
Section 6.C. of this Agreement.
13. PRODUCTION STAFF
A.
Persons employed as members of Producer's casting or production staff will neither be
engaged nor utilized as Performers in any programs on which they also render any services
on Producer's casting or production staff without the express consent of SAG-AFTRA.
B.
The only exceptions shall be the following:
1. Animal handlers (appearing in a scene in which they handle animals);
2. Performer/Directors, Performer/Writers, or Performer/Producers engaged in written
contract as such prior to the commencement of principal photography of the program;
3. In an "emergency" on location. "Emergency" is defined as a situation on location in
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which a member of the cast cannot perform because of unavailability for any reason.
C.
Violations of the foregoing shall require payment of liquidated damages as follows:
$300.00 for a Day Performer/Background Actor
$400.00 for a 3-Day Performer
$600.00 for a Weekly Performer
14. POLICY OF NON-DISCRIMINATION AND AFFIRMATIVE ACTION
A.
The parties hereto reaffirm their commitment to a policy of nondiscrimination and fair
employment in connection with the engagement and treatment of Performers on the basis of
sex, race, color, creed, national origin, age, disability, gender identity, or sexual orientation in
accordance with applicable state and federal law, nor shall any inquiry be made with respect
to a Performer's marital status, gender identity, sexual orientation, national origin, creed, age
or disability.
B.
Producer shall cast Principal Performers in accordance with the above policy in all types of
roles, having due regard for the requirements of, and suitability for, the role so that, for
example, the American Scene may be portrayed realistically. To that end, due regard shall be
given to women, minorities, Performers with disabilities and seniors in all aspects of society.
The parties agree that the Producer shall retain its exclusive creative prerogatives.
In furtherance of the foregoing, the Producer shall make good faith efforts to seek out and
provide audition opportunities for women, minorities, Performers with disabilities and
seniors.
C.
Consistent with the foregoing, every effort shall be made to seek out and include minorities,
seniors, women and Performers with disabilities in the casting of each production thereby
creating fair, equal and non-stereotyped employment opportunities.
When a role being cast depicts a person with a specific disability, the Producer agrees to
include that fact in the casting specifications and, at the same time, to notify the Union of
such specifications so that Performers with a similar disability shall be informed and given
the opportunity to audition for the role starting with the first audition.
Producer agrees to equal employment opportunities (including auditions) for women and
men for voice-over roles having due regard for the requirements of and suitability for such
roles.
D.
When applicable, and with due regard to the safety of cast, crew and other persons, women
and minorities shall be considered for stunt doubling roles and for scripted and unscripted
stunts on a functional, nondiscriminatory basis.
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Producer shall make every effort to cast Performers with physical disabilities for scripted and
unscripted stunts for which they are qualified and with due regard to safety, in roles
portraying their particular disability such as wheelchair stunts or stunts involving the use of
adaptive devices, e.g., crutches, prostheses, etc. The Union’s skill and talent bank is among
the resources that can be utilized in ascertaining the availability of such Performers. Contact
your local office for access.
Where the Stunt Performer doubles for a role which is identifiable as female and/or Black,
Latin-Hispanic, Asian-Pacific, Native American, or Middle Eastern and the race and/or sex
of the double is also identifiable, Producer shall make every effort to cast qualified persons of
the same sex and/or race involved.
The Stunt Coordinator shall make every effort to identify and recruit qualified minority and
female Stunt Performers and Stunt Performers with disabilities prior to the commencement of
production.
E.
In accordance with the Americans with Disabilities Act, all facilities under the control of or
used on behalf of Producer in connection with the casting or production of Corporate,
Educational, and Non-Broadcast programs including but not limited to dressing rooms,
lodging, studios, locations (where feasible), sets and transportation, and access thereto, shall
provide reasonable accommodation for Performers with disabilities. Such facilities and
access thereto, as well as transportation provided by Producer shall be suitable for the needs
and requirements of any Performer whether by reason of age or disability.
1. For any role in which a deaf Performer is sought or cast, Producer shall provide,
during the audition and throughout the engagement, certified or qualified
interpreter(s) for the deaf (i.e., interpreter(s) qualified or certified in sign language or
oral interpretation).
2. With regard to Performers who are blind or visually impaired, Producer and such
Performers shall make mutually acceptable provisions to make the script and/or sides
available to the Performer in advance of auditions.
F.
Any facility used for interviewing, casting, fittings or shooting/recording must comply with
all appropriate local fire and safety codes.
G.
In accordance with the foregoing policy, SAG-AFTRA reaffirms its policy of
nondiscrimination with respect to admission to membership and rights of membership.
H.
The parties agree to establish a procedure for reporting the engagement of minorities,
women, seniors and Performers with disabilities under mutually agreed conditions.
I.
It is agreed that quarterly meetings shall be held by the Industry-Union Standing Committee
to review and discuss any and all relevant data and problems arising out of the fair
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employment policy and its implementation by each Producer.
The Standing Committee shall also serve as a Committee on Fair Employment Practices to
consider any complaints hereunder.
J.
Producer shall not use any documented information obtained in connection with the INS
Form I-9, or its successor, to discriminate against any Performer on the basis of sex, race,
age, national origin, or disability in violation of this contract or law.
To that end, information on the INS Form I-9, or its successor, which is protected by equal
employment laws or by this contract shall be maintained in confidence.
The parties agree further that the Standing Committee shall meet to establish mutually
acceptable IRCA verification procedures which will maintain such confidentiality.
Disputes relating to the provisions of this Section 14. shall first be referred to the Standing
Committee and unless resolved by that Committee within ninety (90) days of the date of the
meeting, the dispute shall be arbitrable.
The parties agree to meet within six (6) months from the date of the ratification of this Agreement
to further discuss the establishment of a procedure for reportage to SAG-AFTRA in accordance
with Section 14.H.
PRE PRODUCTION / CASTING / ENGAGEMENT / CANCELLATION
15. CASTING & AUDITIONS
Casting which is done outside the production office shall be conducted on a businesslike basis with
regular business hours and telephone service.
A.
Audition Information - Disclosure of Intended Program Use
The Employer shall inform all Performers at the time of audition whether the program is
being produced for a sole client or is intended for multiple client usage or multiple sales
(Generic Use).
B.
Any audition must be scheduled by Producer for a specific time and the Performer or
Performer's representative notified thereof. A call to the Performer's representative shall be
deemed sufficient.
C.
If, at either a first or second audition, the Performer is required to remain for more than one
(1) hour from the time of call or arrival, whichever is later, the Performer shall be
compensated for all time on said call in excess of one (1) hour, at straight time, in half (½)
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hour units, at the rate of one-sixteenth (1/16) of the Day Performer rate per unit.
D.
For the third and each subsequent audition, the Performer shall be paid a minimum of oneeighth (1/8) of the Day Performer rate. For all time in excess of one (1) hour, the Performer
shall be paid at straight time in half (½) hour units, at the rate of one-sixteenth (1/16) of Day
Performer rate per unit.
E.
Health and Retirement contributions shall be paid on all compensation payable to the
Performer hereunder for the third and all subsequent audition calls.
F.
If for an audition the Performer is required to memorize lines which the Performer has been
given to learn outside the studio, the Performer shall be compensated at one hour of straight
time or actual time required for such audition, in half (½) hour units, whichever is greater.
G.
If there has been no agreed salary before the auditions and if the Performer and Producer
cannot agree, the salary rate at which the Performer shall be compensated for such excess
time shall be one-sixteenth (1/16) of the minimum Day Performer rate per half (½) hour unit.
H.
Mass auditions shall be prohibited. In addition, auditions shall be conducted in private.
I.
If an audition is videotaped, it is agreed that such videotape audition shall be used only to
determine the suitability of the Performer for a specific project.
J.
When a Performer is given an audition call, the Performer shall be given complete
information as to the nature of the role or roles to be cast and the nature of the performance
desired and shall also be advised of unusual working conditions, work involving animals,
stunts, hazardous work or conditions, improvisations or required nudity.
K.
Performers shall be provided with scripts or storyboards at time of audition sign-in. An
ample supply of scripts or storyboards shall be available at auditions. In the event there are
problems with respect to the confidentiality of the material, cue cards shall be used.
L.
Adequate seating shall be provided at all auditions.
M.
Producer shall encourage the use of the Casting and Audition Form for all scheduled
auditions. The Form, Exhibit 4, can be found on Page 111.
16. DESCRIPTION OF A ROLE; PROMPTING DEVICES; SCRIPTS AD LIB WORK
A full and forthright description of the role to be played must be given at the time of audition or
interview or, if there is no audition or interview, at the time of booking. (See Section 19.) Such
description should include length of Performer's role, use of unusual terminology (chemical,
medical, technical, etc.), whether memorization is required, and whether cue cards or other
prompting devices will be used.
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When an On-Camera Performer is required to deliver unusual terminology, Producer will make
every effort to have a prompting device or cue cards. If the script is not made available to the
Performer at least forty-eight (48) hours prior to the shooting date, Producer must have cue cards or
a prompting device.
If the Performer's services will include development of a script through so-called "ad lib" work or
substantial embellishment of an existing script through such work, Producer must so inform
Performer or Performer's representative at the time of audition or interview.
17. INDIVIDUAL VOICE AND PHOTOGRAPHIC TESTS
A.
A Performer may be given an individual voice or photographic test without compensation,
subject to the following limitations:
1. The Performer's services may not be required for more than one hour, including
waiting time. If more than one (1) hour is required, the Performer shall be paid for all
excess time in hourly units at not less than scale.
2. The Performer may not be required to learn lines outside the studio for the test.
3. The results of the Performer's services may be used only for the purpose of testing the
individual voice or photography of the Performer, unless the Performer gives written
consent. If so, the use of such material shall be subject to all of the provisions of this
Agreement.
B.
This Section permits the making of individual tests only, not mass (or group) tests, or
audition films.
C.
This Section does not apply to fittings, wardrobe or makeup tests. Such fittings and tests are
subject to Sections 37. and 18. hereof.
18. WARDROBE TEST AND MAKEUP TESTS
A.
If a Performer is given a wardrobe or makeup test and not used in the program for which
tested, the Performer shall receive one-half (½) day's pay for each day on which such test is
given.
B.
If a Performer is given a makeup or wardrobe test and is used in the program for which
tested, the Performer shall be paid as follows:
1. Tests on the same day the Performer works
Time spent in tests on the same day the Performer works shall be work time and part
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of the Performer's continuous day, as are fittings.
2. Tests on a day prior to work
When a Performer is given a makeup or wardrobe test on a day prior to the day on
which the Performer works, Performer shall be entitled to one (1) hour minimum pay
for each call. Additional time shall be paid for in fifteen (15) minute units. Any
Performer receiving more than two (2) times minimum scale per program per day
shall not be entitled to any compensation for such tests.
19. ENGAGEMENT OF PERFORMERS
A.
All Performers
1. Advance Information; Category, Hazards, Smoke, Stunts and Animals
a)
Performer or Performer's representative shall be told at the time of audition or
interview, or at the time of hiring whether the employment is to be as a
Principal Performer or as a Background Actor. The Performer shall also be
informed of the Category (I or II) of the program and the scope of
supplemental use, if any, to the extent known by Producer (See Section 9.).
b) Performer or Performer's representative shall be notified in advance of any
hazardous work, stunts or work with animals.
All Performers shall be notified prior to date of hiring if work in artificially or
mechanically created smoke is involved. If a Performer is not notified, the
Performer may refuse to perform in smoke and will be paid a session fee or the
Performer's guarantee, whichever is greater.
Producer will comply with all federal and state laws and regulations applicable to
the use of substances for the creation of smoke.
2. Contract Forms
A standard employment contract in the form of Exhibit 1 to this Agreement shall be
used for all engagements of Performers, and no changes, alterations or additions may
be made in such form except such changes as are more favorable to the Performer and
as to which change both Performer and Producer have given written approval on the
contract. It shall be the responsibility of the Producer to fill in all blanks in such form
before it is signed by the Performer. Any additional terms for an overscale Performer
must be set forth in the place provided and must be initialed by the Producer. All
employment of Performers in Corporate/Educational/Non-Broadcast programs shall
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be under one of the forms of hiring specified herein. In the event Producer hires a
category of employee not specifically referred to herein, but who is clearly a
Performer, as recognized by the Industry, such form of hiring shall be negotiated with
SAG-AFTRA.
This shall not preclude the use of integrated contract member report forms which
have been approved by the Union office.
3. Delivery of Contract
Producer shall deliver a copy of the employment contract to the Performer not later
than the first day such Performer shall render services. At the time of such delivery,
Producer shall provide an extra copy to be retained by Performer. Liquidated
damages for failure to deliver the contract within the period specified shall be paid to
Performer in the amount of $2.50 per day up to thirty (30) days (excluding Saturdays,
Sundays, and Holidays which Producer observes) to a maximum of $75.00.
4. Filing of Contract Copies
The Producer shall promptly file copies of all employment contracts with the
appropriate SAG-AFTRA office.
5. W-4 Forms
Producer shall deliver to Performer a W-4 form for completion and signature at the
time of delivery of the employment contract. A W-4 form or an alternative IRS form
with appropriate tax information for withholding purposes will be included in the
standard union employment contract form, Exhibit 1.
6. Nudity
The Producer's representative will notify the Performer (or his/her representative) of
any nudity or sex acts expected in the role (if known by the Producer at the time)
prior to the interview or audition.
During any production involving nudity or sex scenes, the set shall be closed to all
persons having no business in connection with the production. No still photography
of nudity or sex acts will be authorized by the Producer to be made without the
consent of the Performer.
The appearance of a Performer in a nude or sex scene or doubling of a Performer in
such a scene shall be conditioned upon Performer's prior written consent. Such
consent may be obtained by letter or other writing prior to a commitment or written
contract being made or executed. If a Performer has agreed to appear in such scenes
and then withdraws consent, Producer shall have the right to double, but consent may
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not be withdrawn as to film or tape already photographed.
7. Other Services Not Included
No service of the Performer is contracted for except as specified in this collective
bargaining agreement. This paragraph is not intended to prevent a Performer from
contracting for services of a kind not covered by this Agreement by an individual
contract at such rates of pay and under such conditions as Producer and the Performer
shall agree upon, subject only to the requirement that it shall not be in conflict with
this collective bargaining agreement. Producer shall not require a Performer to
include such services as part of his/her employment under this Agreement but must
bargain separately.
B.
Principal Performers
1. Day, 3-Day, and Weekly Performers shall be considered definitely engaged in any of
the following events:
a)
When a written notice of acceptance is received by Performer.
b) When a contract signed by Producer is received by Performer, or when a
contract unsigned by Producer is received by Performer, executed and
returned as delivered.
c)
When a script is given to Performer to prepare for the role.
d) When Performer is fitted, other than for wardrobe tests.
e)
When Performer is actually called and agrees to report.
2. Oral Agreements –Day Performers Only
A Day Performer shall be considered definitely engaged when the Day Performer is
actually called by the Producer and agrees to report on the commencement date for
which the call is given; however, until noon of the day preceding such
commencement date, either the Producer or the Performer may cancel such
employment. If the Producer is unable to reach the Performer personally, either by
telephone or otherwise, notice of such cancellation may be given to the Performer by
digital communication, in which event the time when such communication (e.g.,
email) is sent by the Producer, addressed to the Performer at his digital address last
known to the Producer, shall be the time of such cancellation.
3. Neither auditions nor interviews shall constitute an engagement.
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4. Notification – Overnight Location
Performer shall be notified by the Producer at the time of engagement whether the
engagement requires overnight location work and, if so, the approximate time and
duration of such location work to the extent such information is then known.
5. Conversion to a Weekly Basis
At any time whatsoever, either before or after the Day Performer commences work,
the Producer shall have the option of converting such engagement to a weekly
engagement at the weekly salary specified at the time the engagement was entered
into, if such a weekly salary was so specified. Such conversion may be made at any
time but shall be effective only for a period commencing with the effective date of the
notice of conversion. Notice of conversion by the Producer must be in writing and
may be given to the Performer personally, by mail, or by digitally communicating the
same to the address furnished the Producer by the Performer. If the notice is delivered
personally to the Performer by noon or if a digital communication (e.g., email) is sent
by noon, then the conversion shall be effective commencing with that that day; if
notice is delivered personally to the Performer or the digital communication is sent
after noon, or if sent by mail, then in each of the instances last mentioned the
conversion shall be effective on the Performer’s next work day.
6. Stunt Adjustment
Unless otherwise bargained for at the time of the engagement, a Performer not called
as a Stunt Performer shall receive an adjustment of not less than the Stunt Performer's
daily minimum when the Performer performs a stunt on any day. In no event shall the
Performer ever receive less than the Stunt Performer's daily minimum on the day the
Performer does the stunt. Overtime compensation shall be based on the Performer's
aggregate compensation for such day, except for travel time which shall be based
upon the basic day's pay without the adjustment.
C.
Background Actors
Performer or Performer's Representative shall be told at the time of audition or interview, or
at the time of hiring whether the employment is to be as a Principal Performer or as a
Background Actor. The Performer shall also be informed of the Category (I or II) of the
program.
1. No Background Actor shall be employed on account of personal favoritism.
2. Rotation of work shall be established to such reasonable degree as may be possible
and practicable.
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3. No person having authority from the Producer to hire, employ, or direct the services
of Background Actors shall demand or accept any fee, gift, significant services (more
than normal courtesy) from a Background Actor currently rendering services, or
accept other remuneration in consideration of hiring or employing any person to
perform work or services as a Background Actor or permitting such person to
continue in said employment.
4. Only the Producer or its hiring agency shall perform any services in connection with
the hiring or employment of Background Actors, whether for remuneration or
otherwise.
5. Persons employed as members of the casting or producing staff of the Producer will
neither be engaged nor utilized as Background Actors in any programs on which they
also render services. (See Section 13.)
6. Any complaints of alleged breach of any of the provisions of this paragraph shall be
resolved in accordance with the grievance arbitration procedure.
D.
Script or Non-Script Lines / Omnies
1. Script Lines
a)
The Producer agrees that all script line parts shall be played by Performers
hired directly as such, and not by Background Actors adjusted on the set,
except where a Performer has been hired to play the part and for any reason is
unavailable or unable to portray the part properly.
b) Except as above provided, no Background Actor hired as such may be
employed for script lines on location; and no Background Actor hired as such
may be employed for script lines for work at the studio on the same day as the
day on which the individual was hired as a Background Actor.
c)
Script lines are defined as lines which are preplanned or preconceived and
which are not deliberately omitted from the script for the purpose of evading
these provisions.
2. Non-Script Lines - Upgrade of Background Actors
A Background Actor hired as such may speak non-script lines, in which case the
Background Actor shall be signed off as a Background Actor and employed as a Day
Performer and shall receive payment as a Day Performer from the beginning of such
day. The Performer so adjusted may be signed off as a Day Performer and reemployed in the same photoplay to perform Background Actor work, but not in the
same role for which the Performer was adjusted. If such a person is again adjusted to
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perform Day Performer services in a different role in the same photoplay, such
Performer shall not be entitled to consecutive days of employment between the time
when such Performer is first signed off as a Day Performer and the time when the
Performer is again adjusted. If a Background Actor has been adjusted to perform Day
Performer work, the Producer may retake the scene with a different Day Performer,
without any penalty of failure to recall such Background Actor. A Background Actor
adjusted for non-script lines shall not be entitled to Day Performer pay for any day or
days before such Performer was adjusted. If the Background Actor is called back for
the next day and Producer intends that the Background Actor shall revert to the rate at
which the Background Actor was originally hired, the Background Actor must be
notified of such intention at the time of the call back.
Non-script lines are defined as lines which are not preplanned or preconceived and
which are not deliberately omitted from the script for the purpose of evading these
provisions.
3. Omnies
The basic Background Actor wage for the particular call includes, if required, the
speaking of atmospheric words commonly known in the industry as "omnies."
20. CANCELLATION OF CALLS
A.
Principal Performers
When a Performer is engaged and not used for any reason other than the Performer's default,
illness or other incapacity, such Performer shall be entitled to a day's pay or such Performer's
guarantee, whichever is greater. If the Performer who is selected is unavailable when called
to render actual services, such Performer shall not be entitled to such payment.
A Performer who is replaced in a program for reasons other than such Performer's default,
illness or other incapacity, after commencement of such Performer's services pursuant to
engagement and before the completion of engagement, shall receive such Performer's
guarantee, or a day's pay in addition to payment for services rendered to that time, whichever
is greater.
B.
Background Actors
1. The Producer shall have the right to cancel any call for any of the following reasons
beyond its control:
a)
Illness in principal cast;
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b) Fire, flood or other similar catastrophe;
c)
Governmental regulations or order issued due to a national emergency.
In the event of any such cancellation, the Background Actor so canceled shall receive
a one-half (½) check, except as provided in subparagraphs 4. and 5. below.
2. The Producer shall be entitled to hold and use such Background Actors for four (4)
hours only to the extent herein provided. For each additional two (2) hours or fraction
thereof, the Background Actor shall receive a one-quarter (¼) check. Background
Actors held pursuant to this paragraph for more than eight (8) hours, excluding the
meal break, shall be entitled to regular overtime rates.
3. During the time which the Background Actor is so held, Producer has the privilege of
putting Background Actors into costume, rehearsing or making other use of their
services. If, however, any recording or photography is done, whether still pictures or
otherwise, Background Actors shall be paid the agreed daily wage.
4. If any Background Actor be notified of such cancellation before 6:00 p.m. of the
work day previous to the work date specified in such call, or be otherwise employed
on the same work date by the same production company, at a rate equal to or higher
than the rate applicable to such Background Actor as specified in such canceled call,
the Background Actor shall not be entitled to such one-half (½) check.
5. If the Background Actor's second work assignment shall be for a time to commence
less than four (4) hours after the time of his/her canceled call, the Background Actor
shall receive in lieu of the one-half (½) check an allowance for the cancellation of the
call on a straight time hourly basis, computed in thirty (30) minute units from the time
of the first call to the time of his/her second call. Overtime, if any, on the second
work assignment shall be computed without reference to the first call. If the second
work assignment shall be for a time to commence more than four (4) hours after the
time of his/her canceled call, the Background Actor shall receive the one-half (½)
check. Overtime, if any, shall be computed without reference to his/her first call.
6. If a Background Actor has not been notified as contemplated by subparagraph 4.
above, then notice must be posted at the hour designated for the call stating set will
not work.
7. Nothing herein contained shall enlarge Producer's right to cancel calls.
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21. WEATHER PERMITTING CALLS
A.
Principal Performers
Weather permitting calls are allowable for Day Performers, subject to the following
limitations and conditions:
1. Weather permitting calls shall not be issued for stages in studios.
2. Weather permitting calls can be issued only for the Performer's first work day on the
program.
3. A Performer receiving two (2) times minimum scale per day or less shall be paid a
half (½) check upon the cancellation of any weather permitting call. This check shall
entitle the Producer to hold the Performer for up to four (4) hours. The Performer
shall receive a half (½) check for each additional four (4) hours, or portion thereof,
during which Performer is held by Producer. During the waiting period Producer has
the privilege of putting Performers into costumes, rehearsing, or making other such
use of their services. If, however, any recording or photographing is done, whether
still pictures or otherwise, the Performer shall be paid the agreed daily wage.
4. Weather permitting calls may not be issued to a Performer after the commencement
of photography, and the fact that a weather permitting call or calls have been issued
before the commencement of photography shall not cause the consecutive
employment provisions of these rules to come into effect.
5. At the time of acceptance by a Performer of a weather permitting call, the Performer
shall advise Producer of any possible conflict for immediately subsequent days.
B.
Background Actors
1. When the scheduled photography is canceled by Producer because of weather
conditions, Background Actors reporting pursuant to a "weather permitting" call shall
be paid one-half (½) day's pay, which shall entitle Producer to hold the Background
Actor for not exceeding four (4) hours. The Background Actor shall receive another
one-half (½) check if held for an additional four (4) hours or fraction thereof; after
eight (8) hours (excluding one meal break), overtime commences in hourly units.
2. During this time, Producer may costume, rehearse or otherwise use the Background
Actor on the specified photoplay, except for recording or photographing, still or
otherwise, of such Background Actor.
3. If the Background Actor is used for such recording or photographing, the Background
Actor shall receive one (1) day's pay.
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4. The Background Actor may cancel a weather permitting call previously accepted by
notifying the agency which issued the call prior to 7:30 p.m. or the closing time of
such agency, whichever is the earlier, unless the Background Actor has been
established in the picture.
5. Weather permitting calls shall not be issued for stages in studios, nor shall a weather
permitting call back be issued to any Background Actor after the Background Actor
has been established.
6. When a weather permitting call is given, Producer must specify that the Background
Actor is to work 1) if it is raining, 2) if it is cloudy, or 3) if the sun is shining;
provided that if any other special type of weather is a condition precedent to the
Background Actor working, the same may be specified, but must be described
sufficiently so as to be capable of understanding by the Background Actor.
7. Producer agrees not to request Background Actors to call in the early morning hours
of the following day for a possible weather permitting call.
22. PREPRODUCTION STILLS
Preproduction stills, including rehearsals therefor, after employment but before the starting date
of such employment, shall not start the consecutive days of employment of a Performer; such
Performer shall be paid for the day or days on which Performer renders services in connection
with preproduction stills.
23. PRERECORDINGS
Prerecordings, including rehearsals therefor, after employment but before the starting date of
such employment, shall not start the consecutive days of employment of a Performer; such
Performer shall be paid for the day or days on which such Performer renders services in
connection with prerecordings.
24. STORY, SONG AND PRODUCTION CONFERENCES
Story, song, and production conferences on any day on which the Performer is not otherwise
working shall not be counted as work time for any purpose. This provision shall not be construed
to interrupt the continuous employment of Performers.
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25. STUDY OF LINES OR SCRIPTS
Study of lines or script, except during the period between reporting and dismissal, shall not be
counted as work time for any purpose.
PRODUCTION / POST PRODUCTION
26. WORK TIME
A.
Hours per Day
The salary agreed upon shall be compensation in full to the Day Performer for eight (8) hours
of work, but such compensation, if otherwise due, shall be paid to the Performer even though
eight (8) hours of work is not required of the Performer by the Producer. If the Performer is
working at midnight of any day, then the Performer's hours of work for such day shall be
computed until the Performer has been dismissed subsequent to midnight.
B.
For the purpose of ascertaining and computing hours of work, rest period, and overtime, the
period from the time the Performer is required to and does report as directed, until the time
such Performer is finally dismissed for the day shall constitute work time, continuously and
without interruption, except as follows:
1. Allowable meal periods, as provided by Section 29.;
2. Casting or audition calls, as provided by Section 15.;
3. Individual voice and photographic tests, as provided by Section 17.;
4. Fittings, as provided by Section 37.;
5. Story, song and production conferences, to the extent provided by Section 24.;
6. Study of lines or script, to the extent provided by Section 25.;
7. Interviews for publicity purposes, as provided by Section 48.;
8. Publicity stills, to the extent provided by Section 49.;
9. Makeup, hairdress and/or wardrobe, to the extent provided by Section 37.;
10. Travel time, to the extent provided by Section 39.
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C.
Consecutive Employment
After the Performer has been employed, and after the starting date of such employment, none
of the provisions of subsection B. shall break the continuous employment of such Performer.
Please see Section 27. for more information on Consecutive Employment.
D.
Any period during which the Performer fails or refuses or is unable because of disability to
render services, and any period during which the Performer, at Performer's own request, is
excused from rendering services, shall not be work time for any purpose.
E.
Rehearsal Time
1. The reading of lines, acting, singing or dancing, in preparation for the Performer's
performance, in the presence and under the supervision of a representative of
Producer, constitutes a rehearsal. Rehearsals shall be counted as work time.
2.
Auditions, tests, makeup and wardrobe tests do not constitute rehearsals.
3. SAG-AFTRA agrees to grant waivers freely for the training of a Performer in a
particular skill such as horseback riding, fencing, etc. Compensation, if any, shall be
agreed to between the Performer and the Producer, subject to the approval of SAGAFTRA.
4. Tests, auditions, fittings, publicity stills, preproduction stills, pre-recordings, or
training under subsection E.3. above, after the booking but before the starting date of
such employment, shall not start the employment period of such Performer.
Compensation, if any, for any of such services shall be paid as otherwise provided
herein.
5. The half-day rehearsal shall not be counted towards consecutive employment.
27. CONSECUTIVE EMPLOYMENT
A.
Employment of an On-Camera Principal Performer shall be for consecutive days from the
beginning of the Performer's employment until completion of Performer's principal
photography subject to recall for retakes, added scenes, soundtrack, process shots, trick shots
or transparencies. If the Performer is recalled for any such purposes, the Performer shall be
paid for the day(s) spent in performing such services. Consecutive employment shall not
apply between a half-day rehearsal and subsequent completion of the engagement provided
firm advance booking dates are given. (See Section 28. for retakes and added scenes).
However, consecutive employment for Day Performers shall be subject to the following
exceptions:
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If at the time of original employment the Day Performer is given in writing firm
advance booking dates, compensation need not be given for such intervening time
period. Day Performers may be converted to a weekly employment basis, if
appropriately notified by Producer, for the second employment period. In such case
the subsequent start date may be "on or after," thus allowing the Producer twenty-four
(24) hours leeway.
B.
Singers, Stunt Performers, Pilots and Background Actors employed on a daily basis shall not
be entitled to consecutive employment unless portraying a role.
C.
Spillover
If Producer elects to terminate and recall Performer (as above) and the shooting schedule
exceeds the Performer's guaranteed employment period, any added days shall be subject to
the Performer's availability but when Performer is otherwise employed, Performer will
cooperate to the fullest extent.
28. RETAKES, ADDED SCENES, LOOPING, ETC.
As an exception to the consecutive employment requirements of Section 27. of this Agreement,
compensation for services in connection with retakes, added scenes, sound track (including looping),
process shots, transparencies, trick shots, trailers, unfinished photography, changes in foreign
versions, shall be paid only for the days on which the Performer is actually so employed subject to
individual Performer's availability. If such services are commenced within three (3) months after the
prior termination of employment, compensation therefor shall be at the daily rate originally agreed
upon, except in case of conversion from Day Performer to the weekly basis, in which event the
compensation shall be prorated on the weekly rate originally agreed upon.
As an exception to the above, a Weekly Performer may be recalled to loop (record sound track) after
completion of principal photography at one-half (½) day's pay pro rata (one-tenth [1/10] of the
Performer's weekly base rate) for a four (4) hour looping session. If the session exceeds four (4)
hours, a full day's pay pro rata (one-fifth [1/5] of the Performer's weekly base rate) shall be payable.
29. MEALS
A.
Meal Periods
1. Allowable meal periods shall not be counted as work time for any purpose. The
Performer's first meal period shall commence within six (6) hours following the time
of the Performer's first call for the day; succeeding meal periods of the same
Performer shall commence within six (6) hours after the end of the preceding meal
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period. A meal period shall not be less than one-half (½) hour nor more than one (1)
hour in length. If upon the expiration of such six (6) hour period the camera is in the
actual course of photography, it shall not be a violation to complete such "take." If on
location or while traveling to or from location the delay is not due to any fault or
negligence of the Producer or its agents or persons employed by it to render catering
service by contract, or if delay is caused by common carriers such as railroads, there
shall be no penalty for violation of the above provisions. If the caterer is chosen
carefully, and is delayed in reaching the location beyond the required time for
commencing a meal period, there shall be no penalty for the violation; but if such
delay shall continue beyond one-half (½) hour, work shall cease, and the time
intervening between such cessation of work and the meal period shall be work time.
If, on location and after commencement of work time, the company is given a
reasonable breakfast without deducting the time spent in eating breakfast from work
time, then the first meal period may be six (6) hours after such breakfast. Where
Producer intends to provide such a breakfast on location, that fact shall be stated in
the call and the meal shall be a reasonable breakfast served not later than 9 A.M.
If, by reason of a long makeup, wardrobe or hairdress period of a Performer,
application of the rule would require calling a meal period for such Performer at a
time earlier than that required for the rest of the set, Producer shall not be required to
call such meal period if food, such as coffee and sandwiches, is made available to
such Performer before the time for the Performer's set call, it being understood that no
deduction shall be made from work time for such period; it is further understood,
however, that such Performer shall be given a meal period within six hours from the
time such food is made available to the Performer.
2. The following amounts shall be paid to Performers for meal period violations:
For the first half-hour or fraction thereof — $25.00 per Performer.
For the second half-hour or fraction thereof — $35.00 per Performer.
For the third half-hour and each additional half-hour or fraction thereof — $50.00 per
Performer.
B.
Meals - Supplied
Whenever Producer supplies meals or other food or beverages to the cast or crew, or provides
money in lieu thereof, the same shall be furnished to all Performers. Regarding beverages,
this provision is applicable only in those situations where the Producer supplies beverages to
the cast and crew and is not applicable where isolated groups may supply their own
beverages (e.g., prop truck with cooler for beverages). When meals are served to Performers,
tables and seats shall be made available for them. No time shall be deducted from work time
for any meal supplied by the Producer until the Performers are given the opportunity to get in
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line for the actual feeding of Performers. "Meals" means an adequate, well- balanced serving
of a variety of wholesome, nutritious foods. The furnishing of snacks, such as hot dogs or
hamburgers, to Performers by Producer shall not constitute a meal period. Meals supplied by
the Producer shall not be deducted from the Performer's wages but may be deducted from per
diem.
C.
Per Diem
Meals must be provided on all locations. All Performers shall be entitled to a basic $58.00
per diem meal allowance on overnight locations. The Producer shall have the right to deduct
from the per diem meal allowance the following amounts for each meal furnished:
Breakfast
Lunch
Dinner
TOTAL
$11.50
$16.50
$30.00
$58.00
30. REST PERIOD
A.
Principal Performers
1. Daily Rest Period
a)
Studio Call
Any Performer on studio call is entitled to a twelve (12) consecutive hour rest
period from the time of dismissal until first call for the next day, whether for
makeup, wardrobe, hairdress, or any other purpose.
b) Location
(1) Nearby Location
The rest period may be reduced from twelve (12) to ten (10) hours as
often as once every fourth consecutive day, when exterior
photography is required on the day before and the day following such
reduced rest period.
(2) Overnight Location
No reduction in the twelve (12) hour rest period is permitted except
when Performer arrives at place of lodging after 9 p.m. on the first
day of an engagement, a ten (10) hour rest period shall apply.
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2. Weekly Rest Period
The Performer shall be entitled to a rest period of fifty-eight (58) consecutive hours
(thirty-six [36] consecutive hours if on an overnight location) once each week.
3. Waiver of Rest Period
The Performer may waive the rest period without SAG-AFTRA's consent, but if the
Performer does so, such Performer shall be entitled to premium pay in the amount of
$997.50 ($1,027.50 effective 11/1/16) or one day's pay, whichever is the lesser sum.
B.
Background Actors
1. Rest Breaks
All Background Actors shall have at least five (5) minutes rest during each hour of
actual rehearsal and shooting; but, if the scene being rehearsed or shot is of a
continuing nature, such rest period may be accumulated to be not less than ten (10)
minutes during each two (2) hours of such continuing rehearsal or shooting period.
2. Rest Per Day
See Section 31.C.6., “Sixteen Hour Rule”.
31. OVERTIME
A.
Principal Performers
The Performer's day, for overtime purposes, is computed from time of first call to dismissal,
excluding meal periods. See Section 19.B.6. for Stunt Performer overtime involving stunt
adjustment.
1.
Day Performers
Overtime for Day Performers is paid in hourly units at time and one-half for the ninth
and tenth hours of work time, and at double time thereafter each day, except that Day
Performers engaged at more than $997.50 ($1,027.50 effective 11/1/16) per day shall
receive time and one-half instead of double time after the tenth hour.
2. 3-Day Performers and Weekly Performers
Overtime for 3-Day Performers and Weekly Performers is paid in hourly units at time
and one-half for the ninth and tenth hours of work time, and at double time thereafter.
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3. Overtime Ceilings
Overtime for all above categories shall be subject to the following "ceilings":
5/1/15-10/31/16
11/1/16-4/30/18
Day Performer
Maximum base
$997.50
Time and one half $187.00
$1,027.50
$192.50
3-Day Performer
Maximum base
$2,993.00
Time and one half $187.00
Double time
$250.00
$3,083.00
$192.50
$257.50
Weekly Performer
Maximum base
$3,325.50
Time and one half $125.00
Double time
$166.00
$3,425.50
$129.00
$171.00
4. Location Premium
Weekly Performers engaged for a six (6) day overnight location work week shall
receive an additional four (4) hours at straight time to increase the total available
work week to forty-four (44) hours, whether fully worked or not.
5. All additional days worked will be paid at pro rata of the individual Performer's 3-day
or weekly salary.
6. There shall be no compounding of any overtime payments.
B.
On-Camera Narrator/Spokespersons
Overtime for On-Camera Narrators/Spokespersons shall be based upon the first- day rate up
to the maximum overtime ceilings, for the first day of employment. The first-day minimum
rate shall be calculated by adding the Day Performer rate and one hour of the minimum
voice-over rate.
Subsequent days of overtime shall be calculated at the appropriate basic on- camera rate (Day
Performer, 3-Day Performer, Weekly Performer) exclusive of the one-time-only fee, unless
specifically negotiated otherwise.
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C.
Background Actors - Overtime
1. Daily Overtime
Background Actors employed in excess of eight (8) hours in any one day from the
time the Background Actor is required to and does report until dismissed shall be paid
daily overtime compensation as follows:
One and one-half (1½) times the Background Actor's rate of pay for the ninth and
tenth work hours of employment and not less than double the Background Actor's rate
of pay for all hours worked thereafter, computed in hourly units.
2. Weekly Overtime
A Background Actor who works more than forty (40) hours in a workweek, for a
particular employer, shall receive one and one-half times the regular hourly rate of
pay for all hours over forty (40). The regular hourly rate shall be determined by the
Performer’s weekly salary divided by forty (40).
3. In computing time of employment, meal periods are not included.
4. All overtime for Background Actors shall be upon the maximum pay the Background
Actor is receiving on that particular day.
5. Overtime premium payments shall not be compounded or pyramided and shall be
paid at the highest applicable premium rate only.
6. Sixteen-Hour Rule
A Background Actor shall not be employed in excess of a total of sixteen (16) hours,
including meal periods, travel time and actual time required to turn in wardrobe or
property, in any one (1) day of twenty-four (24) hours.
The penalty for violation of the foregoing sixteen (16) hour rule shall be one (1) day's
pay (at the Background Actor's daily rate including any additional compensation) for
each hour, or fraction thereof, of such violation. Such penalty shall be paid at straight
time, unless the violation occurs during a sixth or seventh day of work or holiday for
which double time is provided.
This provision shall not apply in any case where such violation occurred as a result of
circumstances or conditions, other than production considerations or conditions,
beyond the control of Producer with respect to or affecting the return of such
Background Actors from location. Where the penalty is excused the Background
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Actor shall receive all applicable overtime. SAG-AFTRA will not claim any breach
of contract resulting from the violation of the sixteen (16) hour rule unless the penalty
above prescribed is incurred and is not paid.
32. WORK ON 6TH OR 7TH DAY; WEEKEND WORK
A.
Principal Performers
1. Day/3-Day Performers
On-Camera Principal Performers shall receive double time for the sixth and seventh
day of work in a workweek, rather than for Saturdays and Sundays. For work on the
sixth and seventh day, a Performer whose rate is $997.50 ($1,027.50 effective
11/1/16) per day or less shall receive double the amount the Performer would receive
for a weekday. A Performer whose rate is more than $997.50 ($1,027.50 effective
11/1/16) per day shall receive one and one-half (1½) times what the Performer would
receive for a workday. Overtime shall be paid at the same rate as for the first eight (8)
hours if premium pay is received. If the Performer does not work, the Performer shall
not be paid.
2. Weekly Performers
A Weekly Performer guaranteed $3,325.50 ($3,425.50 effective 11/1/16) or less per
week shall receive four (4) hours additional overtime for an overnight location sixth
day, whether worked or not, to be computed in accordance with Section 31.A.3. A
Weekly Performer guaranteed more than $3,325.50 ($3,425.50 effective 11/1/16) per
week may have overnight location sixth days included in the workweek without
adjustment of the basic weekly rate.
3. Voice-Over Performers
All Voice-over Performers shall be paid double time in hourly units for Saturday/
Sunday work.
B.
Background Actors
On-Camera Principal Performers and Background Actors shall receive double time for the
sixth and seventh day of work in a workweek, rather than for Saturdays and Sundays.
All Background Actors shall receive one (1) day's pay at straight time for a day not worked
on a distant location.
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33. WORK ON HOLIDAYS
A.
A Performer who works on any of the following holidays:
New Year's Day
Martin Luther King, Jr.'s Birthday
Washington's Birthday (Presidents' Day)
Memorial Day
July Fourth (Independence Day)
Labor Day
Thanksgiving Day
Christmas Day
shall receive double what the Performer would receive for a weekday. Whenever any of said
holidays falls on a Sunday, such holiday for all purposes herein shall be deemed to fall on the
Monday next succeeding. If the Performer works on the day before and the day after one of
the above holidays, but not the holiday itself, such Performer shall be paid a prorated day's
pay at straight time for the holiday, if working on an overnight location.
B.
If a Performer is required to spend any of the above mentioned holidays on an overnight
location and does not work, the Performer shall receive a day's pay at straight time.
C.
Overtime on holidays shall be paid at the same rate as for the first eight (8) hours (double
time, not a multiple of double time).
34. DRESSING ROOMS/TELEPHONE/SANITARY CONDITIONS – ALL PERFORMERS
A.
Dressing Rooms/Telephones - Producer shall provide clean and accessible dressing rooms
and toilet facilities in studios and on locations. Such dressing rooms shall be provided with
adequate locks or Producer shall provide facilities for checking normal personal belongings.
B.
Chairs shall be available for all Performers in the dressing rooms, on the stage, and on
location.
C.
Dressing rooms shall be clean and in repair and Producer shall designate a person responsible
to implement the foregoing. Adequate space and reasonable privacy shall be provided for
wardrobe changes for each Performer. Heaters or fans shall be provided as needed in all
dressing rooms. In the event compliance with the foregoing is not feasible because of space,
physical, legal limitations or location practicalities, the matter shall be discussed with SAGAFTRA. Waivers shall not be unreasonably withheld under such circumstances.
D.
Whenever a Performer is required by Producer to make a change of wardrobe on the set,
Producer shall provide suitable facilities affording privacy for such purpose.
E.
When Performers are not performing before the camera, they shall be provided with a
reasonable temperature-controlled area. When campers, buses, automobiles, or other means
of transportation, or rented facilities at the location are used as shelters, such shelters shall be
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available and easily accessible to Performers at all times.
F.
Producer shall maintain a working telephone within a reasonable distance on all locations
where practical. Performers shall have the opportunity to use a telephone when it is available
for such use so long as production or work is neither interfered with nor delayed.
G.
Sanitary Provisions
1. Water Supply. Every set or location shall be supplied with pure drinking water.
Common drinking cups are prohibited.
2. Seats and Cots. Every employer shall provide an adequate number of suitable seats
on sets or location, for all Performers. On every set or location a cot of a type suitable
for use as a stretcher, or a stretcher, shall be provided.
3. Locker Rooms. Adequate provisions shall be made for the proper and safe keeping
of the clothing of Performers during working hours. An adequate number of clothes
racks shall be provided on sets or on locations where Performers are employed. If a
locker is not provided on sets or locations during time of employment of Performers,
a responsible party shall be put in charge of any clothing or property belonging to
Performers.
4. Toilet and Washing Facilities on Location. Adequate toilet facilities shall be
provided for all Performers, and toilets shall be kept in a clean and sanitary condition.
The seats of these toilets shall be screened in between each one and in front. Toilet
paper must be provided. Sanitary napkins will be obtainable. Toilet facilities must be
arranged during the production of swimming sequences. Washing facilities must be
provided and either paper or individual towels supplied. Common towels will not be
permitted. Soap must be provided. Appropriate time and facilities for cleanup will be
afforded all Performers before departing each location.
H.
Climatic Protection. Reasonable protection shall be afforded Performers on all sets and
locations against severe climatic conditions such as heat, cold, rain and snow. Reasonable
protection shall also be afforded Performers who are required to wear out of season
wardrobe.
I.
Violation of any of the provisions of this paragraph shall entitle all Performers employed on
the set or location involved to receive such amount of additional compensation as may be
assessed by decision of the Industry-Union Standing Committee. (See section 73.)
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35. WARDROBE ALLOWANCE
A.
Principal Performer
1. Definition of Wardrobe Change
A single wardrobe change shall consist of at least one additional clothing item worn
above the waist (such as a blouse or shirt) and at least one additional clothing item
worn below the waist (such as slacks or skirt) unless only one (1) such area is visible
to the camera. If so, one (1) additional item in the visible area shall be considered a
change. Items such as dresses, gowns, overcoats, etc., shall be considered a change by
themselves unless always worn as part of a single outfit. Further, each item of
clothing shall be counted only once in determining the total number of changes even
though the item may be used in more than one outfit. No additional fees shall be
charged for mixing and matching wardrobe items. For example, if outfit #1 is a blue
blazer and tan slacks and outfit #2 is a gray suit, use of the blazer and suit pants to
create a third outfit shall not require an additional fee. Accessories such as scarves,
ties, and jewelry shall not be counted as items of clothing for this purpose.
2. Allowance
If, at Producer's request, Performer provides personal wardrobe, an allowance will be
paid by Producer for each outfit:
Wardrobe: $19.00 per costume change for each two (2) days
Black Tie: $29.00 per costume change for each two (2) days
B.
Background Actor
1. Wardrobe
a)
When a Background Actor reports in the specified wardrobe and in addition
brings one or more complete changes of wardrobe as requested by Producer,
excluding the types of wardrobe described in subsection b., the Background
Actor shall be entitled to an allowance listed below, whether utilized or not,
during the term of this Agreement, provided, however, that such allowance
shall not be applicable to wardrobe furnished for and used on an overnight
location.
b) A General Background Actor who is required to and does furnish formal
attire, a fur, a national dress costume, a white Palm Beach or tropical suit, a
uniform or period wardrobe shall be paid an allowance listed below for the
maintenance of each such type of wardrobe furnished at the request of
Producer.
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2. Allowance
a)
Wardrobe: $19.00 per day for the first change furnished
$6.00 per day for each additional change furnished
b) Specialty Attire: $29.00 per day for each such type furnished
3. Dismissal; Travel; Out of Season
a)
A Background Actor shall be dismissed as soon as wardrobe or property has
been turned in. Whenever a Background Actor turns in wardrobe or property
on time for which the Background Actor is not otherwise compensated, the
Background Actor shall be paid for such time on the basis of time and onehalf (1½) his/her regular hourly rate for that day after eight (8) hours worked
and double time his/her regular hourly rate for that day after ten (10) hours
worked, computed in hourly units. The words "wardrobe furnished" shall be
stamped on the Background Actor's voucher whenever this is the case.
b) Where a Background Actor utilizes public transportation, such Background
Actor will not be required to report or be dismissed in dress, period or other
extraordinary and unique wardrobe.
c)
When out of season wardrobe is required, Producer shall provide a private
place for Background Actors to change clothes.
36. DAMAGED OR LOST WARDROBE
Wardrobe supplied by the On-Camera Performer, which is damaged or lost in the course of
employment, shall be repaired or replaced at the expense of Producer, provided notice of such
damage or loss is given Producer within a reasonable time.
37. MAKEUP, HAIRDRESS, WARDROBE FITTING CALLS (OTHER THAN TEST)
A.
Principal Performers
1. Day Performers/On-Camera Narrators/Spokespersons
a)
On a Day Prior to Employment
Day Performer shall receive one (1) hour minimum pay for each makeup,
hairdress or wardrobe fitting call on a day prior to the commencement of
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employment. Additional time is paid for in fifteen (15) minute units. Day
Performers receiving more than double scale per day shall not be entitled to
receive any compensation for such calls.
b) On a Day of Employment
Such calls for Day Performers on a work day are work time and are part of
Performer's continuous day unless four (4) or more hours intervene between
the end of the fitting and the beginning of the work call. In such case, the Day
Performer shall be paid in accordance with subsection A.1.a. above.
2. 3-Day Performers
a)
On a Day Prior to Employment
Producer shall be entitled to two (2) hours free fitting time prior to the
commencement of employment for each three days of employment of a 3-Day
Performer. Additional time is paid as in subsection A.1.a. above.
b) On a Day of Employment
Such calls for a 3-Day Performer on a work day are work calls and are part of
the 3-Day Performer's continuous day unless four (4) or more hours intervene
between the end of the fitting and the beginning of the work call. In such case,
the 3-Day Performer shall be paid in accordance with subsection A.2.a. above.
3. Weekly Performers
a)
On a Day Prior to Employment
Producer shall be entitled to four (4) hours free fitting time prior to the
commencement of employment for each week's employment of a Weekly
Performer. Additional time shall be paid as in subsection A.2. above.
b) On a Day of Employment
Such calls for a Weekly Performer are work calls and are part of the
Performer's continuous work day unless four (4) or more hours intervene
between the end of the fitting and the beginning of the work call. In such case,
the Weekly Performer shall be paid in accordance with subsection A.3.a.
above.
B.
Background Actors –Costume Fittings
Background Actors fitted at a place designated by Producer shall be paid as follows:
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1. If on a day prior to the work call, a quarter (¼) check for two (2) hours' time;
additional time shall be paid for at the hourly rate in units of thirty (30) minutes.
2. If the fitting call is on the same day as the work call, straight time computed in units
of thirty (30) minutes; provided, however, if on the same day four (4) hours or more
intervene between the work call and the fitting, payment shall be made as though the
fitting occurred on a day prior. If less time than four (4) hours intervenes from the
termination of the fitting to time of work call, all intervening time is work time.
3. Where Producer requires a Background Actor to bring wardrobe, personal
accessories, pets, automobiles, etc., to a costume fitting, the Background Actor shall
be compensated at one-half (½) the applicable daily allowance for such item(s).
4. A Background Actor who has been fitted shall be paid not less than a full day's
agreed wages if not given employment in the production for which the Background
Actor was fitted. The rate of fittings shall be based on the classification in which the
Background Actor is employed on the first day of employment on which the
Background Actor is required to wear the costume for which the Background Actor is
so fitted.
38. BODY MAKEUP, SKULL CAP, HAIR GOODS, HAIRCUTS – BACKGROUND ACTORS
A.
A Background Actor who is directed to and does have body makeup or oil applied to more
than fifty percent (50%) of his/her body and/or is required to and does wear a rubber skull
cap, and/or who is required to and does wear hair goods affixed with spirit gum (specified as
wigs, beards, sideburns, mustaches or goatees) and/or who at the time of employment is
required to and does wear his own natural, full-grown beard, as a condition of employment,
shall be entitled to additional compensation listed below. Where a Background Actor is
required to and does furnish his/her own hairpiece, the Background Actor shall be paid
additional compensation listed below.
Additional Compensation:
5/1/15-10/31/16
11/1/16-4/30/17
$23.00 per day
$24.00 per day
B.
It is also understood and agreed that any woman Background Actor required to have body
makeup applied to her arms, shoulders and chest while wearing a self- furnished low-cut
gown, and any Background Actor, whether a man or woman, required to have body makeup
applied to his/her full arms and legs shall be entitled to such additional compensation
therefor.
C.
Where a Background Actor's hair is required to be cut in connection with a call, Producer
shall provide advance notice of such haircut at the time of booking. Such haircut may not
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take place earlier than two (2) working days before the work call. If advance notice is not
given at the time of booking, the Background Actor may refuse the call without prejudice and
shall not be entitled to compensation.
39. TRAVEL
All time spent in travel shall be paid at straight time in hourly units, subject to the exceptions noted
below. The time intervening between the end of travel and the beginning of work shall be computed
as work time. The time intervening between the end of work and the beginning of travel shall be
computed as travel time. Overtime caused by travel to and from location is computed at straight
time in hourly units, except that on days when services are rendered, such time shall be calculated in
quarter-hour units. There shall be no compounding of payment for travel and work.
A.
Nearby Location
1. Within Zone – All Performers
A nearby location is one to which the Performer travels and returns on the same day.
The Performer may be asked to report to the Producer's studio or a location within a
studio zone as defined in F. below. Work time shall begin at the time of reporting or
the call time, whichever is later.
2. Outside of Zone – All Performers
When asked to report other than at the Producer's studio or at a location within a
studio zone, work time shall begin as though the Performer had reported there and
end as though the Performer had returned there and only the driver shall be paid at the
maximum rate per mile which the Internal Revenue Code and Regulations provide
without being reportable as income.
3. Nights – New York – All Performers
Any Performer required to work at night in the New York metropolitan area and not
dismissed by 9:30 P.M. will be provided transportation by Producer to Grand Central
Station, Penn Station or the Port Authority Bus Terminal, unless such place of
dismissal is in Manhattan within a zone bordered by 34th Street on the south, 59th
Street on the north, and Third and Eighth Avenues on the east and west, respectively.
4. Nights – Background Actors
When Background Actors are required to work at night and are not dismissed in time
to permit their return to their homes by public service transportation, transportation
must be provided by the employer.
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B.
Overnight Location
1. All Performers
a)
An overnight location is one at which the Performer is given lodging for one
or more nights. Transportation supplied by the Producer may be coach
provided no other cast, crew or production personnel fly in any other class.
Bus and railroad transportation is acceptable if no other means is available. If
a Performer is required to drive his/her own car, the Performer shall receive
the maximum rate per mile, which the Internal Revenue Code and Regulations
provide without being reportable as income.
b) Should a Performer elect to use any form of transportation other than that
provided by the Producer, the Performer shall be reimbursed an amount equal
to what the Producer would have paid, and the hours spent in travel shall be
counted as though the Performer had used the Producer's form of
transportation.
c)
Producer shall provide meals, meal periods and reasonable lodging on
overnight locations.
d) When traveling on a legal holiday or on the sixth and seventh day of work,
Performer shall receive time and one-half (not double-time), in hourly units.
e)
On a day when services are rendered, travel to or from a sublocation or place
of lodging shall be considered travel time. The time intervening between the
end of work and the beginning of travel, or the end of travel and the beginning
of work, shall be considered travel time.
2. Principal Performers
a)
Day Performers
(1) Travel to Overnight Location
Payment Due
A day with no services rendered:
Performer departs before noon
8 hours
After noon but before 6:00 p.m.
4 hours minimum or actual
time in hourly units up to 8
hours maximum
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After 6:00 p.m.
A day with services rendered
Actual time up to a maximum
of 8 hours in hourly units
Overtime caused by travel
payable at straight time in
quarter-hour units
(2) Travel from Overnight Location
A day with no services rendered:
8 hours
A day with services rendered
Overtime caused by travel
payable at straight time in
quarter-hour units
b) 3-Day & Weekly Performers - Travel to and from Overnight Location
Whenever a 3-Day Performer or a Weekly Performer travels to or from an
overnight location, such Performer shall receive a full day’s pay each for the
day of departure and for the day or return.
C.
A Performer shall be dismissed at the place of reporting, not a subsequent location.
D.
The provisions of this Section shall apply whenever the Performer is required to travel to any
site more than twenty-five (25) miles from the center of the studio zone established for the
city in which the Performer resides or to which the Performer is most proximate at the time
of the engagement regardless of whether such site is within the studio zone of another city.
E.
Nothing in this Section shall be deemed to break the consecutive employment of a Performer.
F.
Studio Zones
1. When Performers are required to report anywhere within thirty (30) miles of the
center of the studio zone established for such Local, other than the Producer's studio,
Performers shall be paid at the maximum rate per mile which the Internal Revenue
Code and Regulations provide without being reportable as income, computed from
the studio to the place of reporting and from the place of reporting back to the studio.
Only the driver shall be paid, not the passengers.
2. Los Angeles
In Los Angeles, the studio zone is defined as any place within thirty (30) miles of the
intersection of Beverly Boulevard and La Cienega Boulevard. In the event that the
street parking in the area within a reasonable distance of such place of reporting
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within the Los Angeles studio zone is restricted by law or ordinance, or that free
parking facilities are otherwise not available within a reasonable distance of such
place of reporting, then the Producer shall make arrangements so that Performer so
required to report may park within a reasonable distance thereof, at no expense to
such Performer.
3. New York City
The studio zone is defined as any place within a radius of twelve (12) miles from
Columbus Circle. Courtesy transportation or reimbursement will be provided at the
end of public transportation to call location.
4. Chicago
In Chicago, the studio zone is defined as the area from the western shore of Lake
Michigan within forty-five (45) miles of the intersection of State and Madison
Streets.
5. Detroit
In Detroit, the studio zone is defined as the area within thirty-five (35) miles of
intersection of Woodward Avenue and Grand Boulevard. The pickup zone is the area
within city boundaries.
6. San Francisco
In San Francisco, the studio zone is defined as the area within fifty (50) miles of the
intersection of Powell and Market Streets.
7. Phoenix
In Phoenix, the studio zone is defined as the area within twenty-five (25) miles of the
center of the city.
8. Tucson
In Tucson, the studio zone is defined as the area within twenty-five (25) miles of the
center of the city.
9. All other SAG-AFTRA cities
In all other SAG-AFTRA cities, equivalent studio zones to those above shall be
designated by the Local and Producers located therein. SAG-AFTRA shall promptly
notify Producer organizations of any locally agreed upon studio zones.
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40. FLIGHT INSURANCE
A.
When a Performer is requested by Producer to travel by plane, Producer shall pay the
Performer an additional fee of $10.00 for flight insurance, if purchased by Performer.
When Producer requests a Performer to fly by a noncommercial or nonscheduled carrier,
Producer shall obtain a short-term insurance policy for the Performer providing insurance
equal to the amount available for $10.00 on a commercial carrier. Notwithstanding anything
herein to the contrary, the maximum insurance required under this Section shall be the
maximum amount reasonably available in the ordinary course of business from an insurance
company.
41. EMPLOYMENT OF MINORS
A.
The parties hereto, recognizing the special situation that arises when minor children are
employed, have formulated the following guidelines to ensure that:
1. The performance environment is proper for the minor;
2. The conditions of employment are not detrimental to the health, education and morals
of the minor. The term "morals," as used herein, shall conform to the definition set
forth in the penal code of the state in which the Performer's employment is taking
place.
It is the intent that the best interest of the minor be the primary consideration of the
parent and the adults in charge of production, with due regard to the age of the minor.
As used in this Section, the term "parent" shall be deemed to include "guardian."
B.
The term "minor" as used herein means any Performer under the age of eighteen (18) years,
except that it shall not include any such Performer if:
1. The Performer has satisfied the compulsory education laws of the state governing the
Performer's employment; or
2. The Performer is married; or
3. The Performer is a member of the Armed Forces; or
4. The Performer is legally emancipated.
C.
Meals
Whenever Producer supplies meals or other food or beverages to the cast or crew, or provides
money in lieu thereof, the same shall be furnished to all minors. Regarding beverages, this
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provision is applicable only in those situations where the Producer supplies beverages to the
cast and crew and is not applicable where isolated groups may supply their own beverages
(e.g., prop truck with cooler for beverages). When meals are served to minors, tables and
seats shall be made available for them. No time shall be deducted from work time for any
meal supplied by the Producer until the minors are given the opportunity to get in line for the
actual feeding of minors. "Meal" means an adequate, well-balanced serving of a variety of
wholesome, nutritious foods. The furnishing of snacks, such as hot dogs or hamburgers, to
minors by Producer shall not constitute a meal period. Meals supplied by the Producer shall
not be deducted from the minors' wages but may be deducted from per diem.
D.
Interviews, Tests and Fittings
Calls for interviews, tests and fittings for minors shall not take place at any time during
which the minor would otherwise be attending school, and shall be completed prior to 7:00
P.M. Two (2) adults shall be present at all times during any such session and the minor shall
not be removed from reasonable immediate proximity of the parent.
Casting directors, or other representatives of the Producer, shall consciously and consistently
make every reasonable effort to safeguard the minor's health, well- being and dignity during
these sessions and shall not engage in any behavior which will embarrass, discredit,
disconcert or otherwise compromise the dignity and mental attitude of the minor.
Any facility used for interviews, tests or fittings must comply with local fire and safety
codes. Maximum legal capacity for each facility must be prominently posted.
E.
Engagement
1. Producer shall advise the parent of the minor of the terms and conditions of the
employment (studio, location, estimated hours, hazardous work, special abilities
required, etc.) to the extent they are known, at the time of hiring.
2. Prior to the first date of engagement, the parent shall obtain, complete and submit to
the Producer or Producer's representative the appropriate documents required by state
and local law related to the employment of the minor.
3. Upon employment of any minor in any areas outside of California, Producer shall
notify the SAG-AFTRA Local office by telephone where such employment will take
place. The SAG-AFTRA Local office will acknowledge to the Producer in writing
receipt of the information.
F.
Supervision
1. The parent must be present at all times while a minor is working, and shall have the
right, subject to production requirements, to be within sight and sound of the minor.
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The presence of the parent will not interfere with the production. Parent will not bring
other minors not engaged by Producer to the studio or location.
2. The parent will accompany the minor to wardrobe, makeup, hairdressing and dressing
room facilities. No dressing room shall be occupied simultaneously by a minor and an
adult Performer or by minors of opposite sex.
3. No minor shall be required to work in a situation which places the child in clear and
present danger to life or limb. If a minor believes he or she is to be in such a
dangerous situation after having discussed the matter with the stunt coordinator and
parent, then the minor shall not be required to perform in such situation regardless of
the validity of the minor's belief.
4. When a Producer engages a minor, the Producer must designate one individual on
each set to coordinate all matters relating to the welfare of the minor and shall notify
the minor's parent of the name of such individual.
5. A guardian, as that term is used in this Section, must be at least eighteen (18) years of
age and have the written permission of the minor's parent(s) to act as guardian.
6. When a minor is required to travel to and from a location, the Producer shall provide
the minor's parent with the same transportation, lodging, meals and per diem
allowance provided to the minor.
7. Whenever federal, state or local laws so require, a qualified child care person (e.g.,
LPN, RN or Social Worker) shall be present on the set during the work day.
G.
Unusual Physical, Athletic or Acrobatic Ability
1. A minor may be asked to perform unusual physical, athletic or acrobatic activity or
stunts, provided the minor and the parent represent that the minor is fully capable of
performing such activity and the parent grants prior written consent thereto.
2. If the nature of the activity so requires, a person qualified by training and/or
experience with respect to the activity involved will be present at the time of
production.
3. Producer will supply any equipment needed and/or requested for safety reasons.
4. The Producer shall obtain copies of all safety guidelines issued by the Industry-Wide
Labor/Management Safety Committee.
These can be found at:
www.csatf.org/bulletintro.shtml.
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H.
Working Hours
1. Minors' maximum hours of work shall be as outlined below. (Does not include meal
time.)
Age of Minor
Maximum Hours of Work
End of Day
0 - 5 years
6.00
7:00 p.m.
6 - 11 years
8.00
8:00 p.m. on school days
10:00 p.m. on non-school
days
12 - 17 years
9.00
10:00 p.m. on school days
12:30 a.m. on non-school
days
2. Work Hours and Rest Time
a)
The work day for minors shall begin no earlier than 7:00 a.m. for studio
productions (6:00 a.m. for location productions) and shall end no later than the
time specified above.
b) Maximum work time for a minor shall not exceed that provided by the laws of
the state governing his or her employment, but in no event shall exceed the
maximum hours of work stated above. Work time shall not include meal time
but shall include mandatory hourly five (5) minute breaks.
3. Producer shall make every effort to adjust minor's call time so that minor need not
spend unnecessary hours waiting on set.
4. If a minor is at a location, the minor must leave the location as soon as reasonably
possible following the end of the minor's working day.
I.
Play Area
Producer will provide a safe and secure place for minors to rest and play.
J.
Child Labor Laws
1. Producer agrees to determine and comply with all applicable child labor laws
governing the employment of the minor, and, if one is readily available, shall keep a
summary of said laws in the production office.
2. Any provision of this Section which is inconsistent with or less restrictive than any
other child labor law or regulation in applicable state or other jurisdiction shall be
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deemed modified to comply with such laws or regulations.
K.
Inconsistent Terms
The provisions of this Section shall prevail over any inconsistent and less restrictive terms
contained in any other Section of this Agreement which would otherwise be applicable to the
employment of the minor, but such terms shall be ineffective only to the extent of such
inconsistency without invalidating the remainder of such Sections.
42. EMPLOYMENT OF DANCERS/SWIMMERS/SKATERS
A.
Definition
1. Dancers, Swimmers, Skaters, professionally trained, doing choreographed routines
requiring rehearsals, such as ballet, chorus dancing, modern dance, tap dancing, jazz
dancing, acrobatic dancing, exhibition level dancing, or skating, shall be employed as
Choreographed Dancers.
B.
Working Conditions
1. Standard Floors
Floors for Choreographed Dancers must be resilient, flexible and level in accordance
with industry standards. Industry standards generally provide for two inches (2") of
air space beneath wood flooring or three inches (3") or four inches (4") of padding
under battleship linoleum laid over a concrete or wood-on-concrete floor. Floor
surfaces must be clean and free of splinters, wax, nails, etc. Floors should be swept
and mopped at least daily with a germ-killing solution. If Producer requires dancing
on surfaces which do not meet the foregoing general standards, such work shall be
deemed to be "hazardous work" and shall be subject to all the provisions of this
Agreement concerning hazardous work and Performers' safety. In all instances
dancing on concrete shall be deemed hazardous.
2. Unusual Work Conditions
If Producer requires dancing in inclement weather, in dust, smoke, and/or fog, or in
out-of-season clothing or in costuming which by virtue of its fit or nature may subject
the Dancer to physical injury or health hazard, it shall be deemed to be "hazardous
work" and shall be subject to all the hazardous work provisions of the Agreement.
3. Warm-up Space
Adequate space must be provided to permit all Dancers to warm-up (perform
limbering exercises) thirty (30) minutes prior to dancing.
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4. Breaks
Dancers will have at least ten (10) minutes rest during each hour of actual rehearsal or
shooting unless rehearsal or shooting is of a continuous nature. If so, at the
choreographer's discretion, Dancers may continue until a total of ninety (90) minutes
has elapsed, after which time a twenty (20) minute break must be called.
5. Temperature
Stage or rehearsal area temperature for Choreographed Dancers must not fall below
seventy-five (75) degrees. Air ventilation (circulation) shall be provided at all times
but air conditioning is not acceptable unless strictly regulated to prevent drafts.
6. Meal Periods
Dancers cannot be required to dance or skate within thirty (30) minutes following a
meal. Swimmers cannot be required to go into the water within thirty (30) minutes
following a meal. If Producer does not provide meal service and Dancer must leave
the premises or location to eat, an additional fifteen (15) minutes must be allowed
both before and after the meal break to permit the Dancer to change clothes. Such
fifteen (15) minute period may be included in the thirty (30) minute waiting period
following a meal.
7. Emergency Treatment
Producer will use best efforts to have a doctor qualified to treat Dancers on call in
case of an emergency and will notify the deputy elected by Dancers of the doctor's
name and phone number.
8. Hazardous Activity
The compensation payable to a Dancer for hazardous activity shall be $83.50 ($86.00
effective 11/1/16) per day, with a minimum of $128.00 ($132.00 effective 11/1/16) if
only one day's services are rendered.
9. "Wire Flying"
"Wire Flying" shall in all instances be considered "hazardous."
10. Footwear
Footwear provided by the Producer shall be appropriate to the work and shall be
clean, properly fitted, braced and rubbered.
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11. Footwear Allowance
Any Dancer who is directed to and reports with personal footwear shall be paid an
allowance of $10.70 a day for each pair of shoes utilized in the performance.
43. EMPLOYMENT OF SINGERS
A.
Sound Recordings
There shall be separate bargaining at the time of employment between a Singer and Producer
for the use of soundtrack on any type of sound recording including but not limited to CDs,
cassette tapes, etc.; otherwise such rights may not be acquired. Singers' contracts for sound
recordings shall contain a separate clause to be initialed at the time of employment providing
for the use of soundtrack on records, CD or tape recordings to be not less than the SAGAFTRA rate contained in the SAG-AFTRA Sound Recordings Code.
B.
Five-Minute Breaks
Singers shall be given a five (5) minute rest period in each hour of recording.
C.
Availability for Recall after Employment
Producer may not agree with any Singer that the Singer will hold himself/herself available
for any day after the termination of an original period of employment (which may be as short
as one [1] day) unless the Producer agrees at the same time to employ the Singer for such
day. It is agreed, however, that the Singer may be recalled by the Producer and will report, at
any time prior to the completion of production of the program for which the Singer was
originally employed on the same terms and conditions (except as to the original term of
employment), provided that the Singer is not then otherwise employed.
D.
Contractors
Where Producer relies on a Singer to contribute services in addition to singing in connection
with assembling a group of three (3) or more Singers and such Singer performs the services
of a contractor, such Singer shall be paid the applicable contractor rate for such services. The
foregoing shall not be applicable to three (3) or more Singers who are an established group or
act.
44. EMPLOYMENT OF STUNT PERFORMERS/DRIVING GUIDELINES/HAZARDOUS
WORK (INCLUDING WET, SNOW AND SMOKE)
A.
Where scripted or unscripted stunts or other hazardous activity are required of the Performer
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by Producer, an individual qualified by training and/or experience in the planning, setting up
and performance of the type of stunt involved shall be engaged and present on the set. No
Performer shall be requested to perform a stunt without the opportunity for prior consultation
by the Performer with such individual.
The foregoing provisions of this Section shall not apply to a Stunt Performer who both plans
and performs a stunt which does not involve other Performers, provided such Stunt
Performer is qualified to plan and perform the stunt in question.
B.
No Performer shall be requested to work with an animal which a reasonable person would
regard as dangerous in the circumstances unless an animal handler or trainer qualified by
training and/or experience is present.
C.
No Performer shall be rigged with any type of explosive charges of any nature whatsoever
without the use of a qualified special effects person.
D.
The Performer's consent shall be a requisite precondition to performing stunts or other
hazardous activity. The Performer's consent shall be limited to the stunt or hazardous activity
described to the Performer at the time consent was given.
Production companies shall send copies of insurance reports or assistant director's reports
concerning accident, which take place during production to the appropriate offices of SAGAFTRA and to Producer.
E.
The Performer shall have a reasonable time to become familiar with any mechanical device
and/or equipment used in conjunction with the stunt.
F.
All reasonable requests and requirements for safety equipment in connection with the
performance of stunts shall be complied with by Producer or Producer's representatives on
the set or location.
G.
Equipment provided by Producer, for example autos, cycles, wagons, etc., shall be in suitable
repair for the safe and proper performance of the stunt.
H.
In the event stunt work is required by Producer beyond that which was agreed to by the Stunt
Performer, the Stunt Performer shall have the right to negotiate additional compensation for
the additional work required.
I.
Stunt Driving Guidelines
When any of the following conditions occur, a vehicle driver shall qualify as Stunt
Performer:
1. When any or all wheels leave the driving surface;
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2. When tire traction is broken, i.e., skids, slides, etc.;
3. Impaired Vision - when the driver's vision is substantially impaired by:
a)
Dust or smoke;
b) Spray (when driving through water, mud, etc.);
c)
Blinding lights;
d) Restrictive covering of the windshield;
e)
Any other condition restricting the driver's normal vision;
4. If the speed of the vehicle is greater than normally safe for the condition of the
driving surface, or when other conditions such as obstacles or difficulty of terrain
exist or off-road driving other than normal low-speed driving for which the vehicle
was designed occurs;
5. When any aircraft, fixed-wing or helicopter, is flown in close proximity to the vehicle
creating hazardous driving conditions;
6. When an On-Camera Performer is doubled because the level of driving skill requires
a professional driver, the driver double shall qualify as a Stunt Performer. This would
also apply to doubling of passengers for the safety of the On-Camera Principal
Performer;
7. Whenever high speed or close proximity of any vehicle(s) creates conditions
dangerous to the driver, passengers, film crew, other people, or the vehicle;
8. When working in close proximity to pyrotechnics or explosives;
9. When driving in other than the driver's seat or blind driving in any form.
J.
Performer shall be given a fifteen (15) minute break away from the area of smoke or dust
during each hour in which he/she is required to work in smoke or dust.
K.
It shall be the responsibility of the Producer to provide Performers protection from sunburn,
frostbite and extremes of temperature.
L.
The Producer shall obtain copies of all safety guidelines issued by the Industry- wide
Labor/Management Safety Committee. These can be found at:
www.csatf.org/bulletintro.shtml
M.
Work of an Unusual or Hazardous Nature – All Performers
The Producer shall notify the Performer at the time of the call of the nature of the work when
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Performers are required to do night work, "wet" work, work in airborne dust or debris created
by Producer, work in smoke created by Producer, or work of a rough or dangerous nature.
When a Performer is not so notified, the Performer shall have the right to refuse such work
and receive a half (½) check or compensation for actual time worked, whichever is greater.
Failure to notify a Performer of the nature of such work shall not, however, limit Producer's
right to require that Performer do other work, in lieu thereof, if such other work exists.
A Principal Performer who is hired at scale, and who thereafter accepts hazardous work, shall
be entitled to additional compensation, and the amount of additional compensation shall be
agreed to between the Performer and the Producer, or Producer's representative, prior to the
performance of such work. A Performer will not be discriminated against for refusing to
accept hazardous work.
Producer will not deliberately hire anyone but Professional Background Actors, hired in
accordance with this Agreement, to perform hazardous background work. No Stunt
Performer hired as such may be employed for recognized background work on location
except for bona fide emergencies not within the contemplation of Producer, and no Stunt
Performer hired as such may be employed for recognized background work at the studio on
the day the Performer was employed as a Stunt Performer on the same production.
Upon written request from SAG-AFTRA, Producer will submit to the SAG-AFTRA
representative a report indicating whether any Stunt Performers have been employed on a
particular program. Upon the written request of SAG-AFTRA, Producer will also furnish a
copy of the script involved and make the program available to SAG-AFTRA for viewing.
For violations of this Paragraph, the following liquidated damages shall apply:
$215.00 for the first violation.
$350.00 for the second and each succeeding violation.
These liquidated damages shall not apply if there is a bona fide dispute as to whether the
work is "background work" or "stunt work."
The foregoing schedules shall be applicable on a per person per day basis.
When hazardous work or stunt work is contemplated, Producer shall have available medical
and/or first aid assistance at the studio and on location. First aid kits shall always be available
on studio sets and locations.
N.
Wet, Snow and Smoke Work – Background Actors Only
A Background Actor required to get wet or to work in snow or smoke shall receive additional
compensation of $18.00 ($18.50 effective 11/1/16) per day. The Background Actor may
refuse to get wet or to work in snow or smoke unless such additional adjustment is previously
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agreed upon. A Background Actor shall not be entitled to such adjustment if the Background
Actor is wearing swimming or surfing gear required for the scene or is wearing appropriate
snow apparel or working in smoke on a set where crowd work waivers are employed.
A Background Actor not notified at the time of booking that wet, snow or smoke work is
involved may refuse to perform in wet, snow or smoke and will receive a half (½) day's pay,
or payment for actual time worked, whichever is greater.
When Background Actors are required to get wet or to work in snow, Producer will provide a
private place to change into dry clothing for meal periods and at dismissal. A bus is not
acceptable as a place to change wardrobe unless equipped with appropriate changing areas.
O.
Please see paragraph 75. for more information regarding Indemnification for Stunt
performers and Stunt Coordinators.
45. REPORTING OF INJURIES/SAFETY – ALL PERFORMERS
A.
The Producer agrees to notify SAG-AFTRA in the event a Performer is hospitalized as the
result of an accident during the course of his/her employment.
B.
A person qualified under the circumstances to administer medical assistance on an
emergency basis shall be present or readily available at all rehearsals and all performances
during which hazardous action or work under hazardous conditions is planned. Such person
will have visible identification. Producer will provide readily accessible first aid equipment
necessary to administer such medical assistance. In such circumstances, transportation to the
nearest emergency medical facility providing emergency services shall be readily available.
When such action or work is planned on location, the production company shall determine
the nearest emergency medical facilities and capabilities thereof and communication
therewith and assure that transportation to such facilities is readily available at all times
during the performance of such work. The transportation vehicle referred to above shall be
capable of accommodating a stretcher and first aid equipment. The parties agree to
recommend that the Industry-wide Labor/Management Safety Committee develop
appropriate guidelines as to first aid equipment and visible identification for the
aforementioned person qualified to administer medical assistance on an emergency basis.
These can be found at: www.csatf.org/bulletintro.shtml.
C.
The Producer shall obtain copies of all safety guidelines issued by the Industry-Wide
Labor/Management Safety Committee. Copies of such guidelines shall be available at the
offices of SAG-AFTRA. SAG-AFTRA agrees to cooperate in disseminating such guidelines
to Producers as they are formulated during the term of this Agreement
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46. TREATMENT OF ANIMALS
The Producers confirm and reiterate their commitment to the principle that animals should be
humanely treated during the production of Non-Broadcast programs.
Any issue relating to this subject may be referred to the Industry-Union Standing Committee under
Section 73. of this Agreement.
47. EXPENSES
When a Performer specifically is required by the Producer to spend money in connection with
services under this Agreement, Producer shall provide an advance for such expenditures. Upon
completion of all work and prior to any additional reimbursement, the Performer shall submit to
Producer an itemized report of expenses incurred at Producer's direction in connection with travel to
and from locations, such as cab fares or mileage to and from air terminals and parking. All pertinent
receipts and bills shall be attached to the report as substantiation of such expenditures if they exceed
the minimum per diem meal and travel allowance as provided for elsewhere in this Agreement. In
the event that Performer cannot provide such substantiation, Producer shall provide reimbursement
at the applicable minimum allowances.
Producer shall reimburse the Performer for such expenses within two (2) weeks from the date the
Performer presents such substantiation.
48. PUBLICITY INTERVIEWS
Time spent by the Performer in publicity interviews, whether on a day the Performer works or
otherwise, shall not be counted as work time for any purpose, but the Performer shall be under no
obligation to report for such interviews.
49. PUBLICITY STILLS
If the Producer desires the services of the Performer in making publicity stills, the Performer agrees
to render such services. Performer must receive a day's pay at not less than the minimum daily rate
for any day spent solely in taking publicity stills. Use of such stills is strictly limited to publicity of
the program itself not for general client brochures, magazine advertisements, etc., which are
unrelated to the program.
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50. TOURS AND PERSONAL APPEARANCES
Tours and personal appearances made in connection with employment hereunder shall be in
accordance with the following:
A.
Nearby Locations. Performer shall be paid one-half (½) day's pay pro rata for up to four (4)
hours' time. If over four (4) hours time is required, the Performer shall be paid a prorated
day's pay.
B.
Overnight Locations. Performer shall be paid a prorated day's pay.
C.
When the Performer is required to travel, all transportation shall be provided and reasonable
expenses shall be paid.
D.
Producer shall cooperate to see that the Performers receive adequate meal periods and rest
periods when on tours and personal appearances.
51. REQUIRED RECORDS AND REPORTS
A.
Producers
1. Producer shall maintain adequate records showing each program produced and
delivered by it hereunder, the name of the client for whom it was made, the names of
Performers employed therein, the amount of wages paid, the date of the Performer's
services, the date of delivery and the number of programs for which payment is
required.
2. Producer shall furnish to the Union and to the AFTRA Health and Retirement office a
Remittance Report/Production Report, in the form attached hereto and marked
Exhibit 2 within twelve (12) working days after the completion of the Performer's
services in the program. Not later than thirty (30) days after the completion of the
Performer's service, the Producer shall give to the Union a copy of the Remittance
Report/Production Report containing the following additional information:
a)
The production number or any other appropriate identification of the program
or programs delivered;
b) The number of programs delivered and the date of delivery.
B.
Producers, Purchasers, Assignees and Transferees
Each Producer and each purchaser, assignee and transferee of a program produced under this
Agreement shall maintain adequate records showing each program delivered to it, the date of
delivery, the name of the advertiser, the names of the Performers appearing therein and
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payments made. In case of grievances or disputes arising under this Agreement, such
Producer and such purchaser, assignee or transferee will make available to the Union on
reasonable notice all such records.
C.
Loan-Outs
Producer shall give the Union advance written notice whenever a Performer is borrowed
from a domestic non-signatory company.
D.
Verification and Auditing
Producer shall be required to furnish to the Union on reasonable notice records to verify
accuracy of payments to Performers.
E.
Notice of Production
If the Union has reason to believe that a Producer is evading the terms and conditions
applicable to production, then, on written request from the Union, Producer shall supply
reasonably in advance of production, information available regarding location(s), date and
time of production, for whom such production is taking place (i.e., agency and/or client), the
number of Performers expected to be used, and other pertinent data.
F.
Production Time Reports
1. It shall be required custom and practice to proffer a Production Time Report ("the
report") to all Performers at the end of each day, which report may include other
Performer(s) in the program(s) working that day, and which reflects time in and out,
meal periods, hairdress, travel, etc., for such Performer(s). Such report shall not be
offered in blank but shall, in all cases, be filled in by Producer in ink. The
Performer(s) shall initial or sign such report in ink. The Performer(s) may object to
the accuracy of the information contained in the report. The signing or initialing of
the report by the Performer(s) shall not preclude the Performer(s) from filing a timely
claim.
2. If a Member Report is used in lieu of contracts for Singers, a Production Time Report
shall not be required in such case. A copy of the report for the previous week shall be
sent to the Union no later than twelve (12) business days after the date of production.
3. In the event of repeated breach after written notice from the Union, liquidated
damages in the amount of $150.00 shall be payable to the Union for each breach
thereafter. A breach is the failure to file a production time report.
4. In the event of a negotiated stunt adjustment, the amount of such adjustment shall be
indicated on the Stunt Performer's Production Time Report and initialed by both the
Stunt Performer and the person authorized to negotiate such adjustment. The stunt
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adjustment may be inserted on the contract and initialed by both parties when the
contract includes the Production Time Report.
52. ADMISSION TO PREMISES
Any authorized representative of the Union shall be admitted to the premises of the Producer, or
where the employment takes place, at any reasonable time to check the performance by the Producer
of this contract subject to product security or clearance restrictions, and such checking shall be done
so as not to interfere with the conduct of Producer and the Union.
53. MEMBER REPORTS
A.
Producer agrees to initial a SAG-AFTRA Member Report at the time of performance. Such
report shall contain such information regarding the Performer’s employment as SAGAFTRA shall determine appropriate. It is understood that the duty and responsibility of
filling out and filing the Member Report is that of the Performer, or of the Contractor in case
of Group Singers, the Producer being required only to initial the executed form.
B.
Producer shall furnish SAG-AFTRA written reports, under the same cover as checks for
Performers’ services, specifying: the type of recorded material produced; the name of the
sponsor in case of custom-built materials; time of recording; name, if any, of the recorded
material; length and number of stories or productions; advertising agencies, if any; name of
Performers; complete time in rehearsal and recording; and gross fees; and shall notify the
Union of the names of all employers who used the Producer’s studio facilities for the purpose
of making Non-Broadcast recorded material productions at least twenty-four (24) hours in
advance of each recording session.
C.
Standard report forms shall be promulgated by the Union by agreement with representatives
of the Corporate/Educational and Non-Broadcast industry. The same shall apply to other
reports required by this Agreement.
54. PHOTOGRAPHY OF STAGE PERFORMANCE (INSTANT PROGRAMS)
Producer will give SAG-AFTRA at least sixty (60) days advance notice of the employment of any
Performer in a program to be made from a currently running legitimate stage play, ballet, opera, or
other legitimate stage performance (all being referred to in this Section for convenience as a "play"),
or a play which has closed within eight (8) weeks of the commencement of the production of such
program, and which play staged substantially as presented on the legitimate stage and utilizing
substantially the same cast as the play, is to be photographed as a program. Producer and SAGAFTRA agree to meet within thirty (30) days from receipt of such notice for the purpose of
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negotiating the terms and conditions of such employment. If no agreement is reached with respect
thereto within such sixty (60) day period, SAG-AFTRA may instruct its members to withhold
services with respect to the production in such program only.
This provision shall not apply to a program produced from a screenplay written for such program,
based on such play, and photographed in a normal program manner as distinguished from a
recordation, as such, of the play.
55. EMPLOYMENT OF OFF-CAMERA PERFORMERS
The following provisions, modified as stated below, shall apply to the employment of Performers
off-camera:
15. Casting and Auditions
17. Individual Voice and Photographic Tests - Modified to provide that the
Performer's services shall not be required for more than thirty (30) minutes including
waiting time.
19. and 20. Engagement and Cancellation - Modified as follows: Performers called
for off-camera sessions shall receive definite calls for designated sessions such as
10:00 a.m. to 12:00 noon, or 10:00 a.m. to 4:00 p.m. The call may not be extended
unless agreed to by the Performer.
24. Story, Song, and Production Conferences
25. Study of Lines or Scripts
26. Work Time - Definitions and Exceptions
26.E. Rehearsal Time
29.A. Meal Periods
30. Rest Period
32. Work on 6th or 7th Day; Weekend Work
33. Work on Holidays
34. Dressing Rooms / Telephone
39. Travel - Modified to provide that the Performer employed to render services off
camera shall be paid for traveling on the same basis as though the Performer were
employed to render services on camera.
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40. Flight Insurance
41. Employment of Minors
44. Employment of Stunt Performers/Driving Guidelines/Hazardous Work
(Including Wet, Snow and Smoke Work)
47. Expenses
48. Publicity Interviews
49. Publicity Stills
GENERAL LEGAL PROVISIONS
56. TITLE OF AGREEMENT
This agreement shall be known as the 2015–2018 SAG-AFTRA Corporate/Educational and NonBroadcast Contract.
57. TERM OF AGREEMENT
The 2015-2018 Agreement shall be for a 3-year term commencing May 1, 2015 and continuing to
and including April 30, 2018, and shall continue in effect thereafter until terminated by either party
by 60 days’ notice in writing to the other. Except as otherwise provided, the terms and provisions
herein shall apply to all material produced on or after May 1, 2015.
58. RECOGNITION AND SCOPE OF AGREEMENT
SAG-AFTRA is recognized by Producer as the exclusive collective bargaining agent for Principal
Performers and Background Actors in the production of Non-Broadcast programs (hereinafter
referred to as "programs") within the United States of America. The term "Performer" means those
persons covered by the terms of this Agreement as defined in Section 1. hereof.
The terms and conditions of this Agreement apply to programs produced by Producer in the United
States, which includes its commonwealths and possessions, and to programs for which Producer
engages Performers within such territorial areas wherever such programs are made.
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59. ARBITRATION
A.
All disputes and controversies of every kind and nature whatsoever between any Producer
and SAG-AFTRA or between any Producer and any Performer arising out of or in
connection with this Agreement, and any contract or engagement (whether overscale or not
and whether at the minimum terms and conditions of this Agreement or better) in the field
covered by this Agreement as to the existence, validity, construction, meaning, interpretation,
performance, nonperformance, enforcement, operation, breach, continuance, or termination
of this Agreement and/or such contract or engagement, shall be submitted to arbitration in
accordance with the following procedure:
B.
The parties shall agree to the use of a predetermined list of single arbitrators in random order.
If an arbitrator is not available for more than twenty-one (21) days, another random selection
shall be made. Until such time as the parties have agreed upon a panel of single arbitrators
for use in any area in which SAG-AFTRA maintains an office, the following provisions shall
be applicable to the selection of arbitrators. SAG-AFTRA, acting on its own behalf or on
behalf of any person employed under this Agreement, or the Producer concerned, may
demand such arbitration in writing. The parties shall thereupon endeavor to agree upon a
single qualified arbitrator acceptable to them both. If agreement cannot be reached within ten
(10) days, the American Arbitration Association shall appoint an arbitrator.
C.
The hearing shall be held on two (2) days' notice and shall be concluded within fourteen (14)
days unless otherwise ordered by the arbitrator. The arbitration award shall be made within
seven (7) days after the close of the submission of evidence, shall be final and binding upon
all parties to the Proceeding, and judgment upon such award may be entered by any party in
the highest court of the forum, state or federal, having jurisdiction.
D.
The word "Producer" as used in this Agreement includes any third person to whom a
program has been sold, assigned, transferred, loaned or otherwise disposed of. Any Producer
including such third party "Producer" may file with SAG-AFTRA the name and address of
an available person in New York City or Los Angeles, upon whom service of a demand for
arbitration and other notices and papers under this paragraph may be made. If such name and
address is not on file with SAG-AFTRA, or if although on file the named person is not
available, the Producer irrevocably appoints the Secretary of the American Arbitration
Association as Producer's agent to accept service and receive all notices, demands for
arbitration and service of process in actions on the award in any suit by SAG-AFTRA or
SAG-AFTRA members. Producer further agrees that such notices, demands for arbitration
and other process or papers may be served on the foregoing persons by registered mail sent to
their last known address with the same force and effect as if the same had been personally
served.
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E.
The parties agree that the provisions of this paragraph shall be a complete defense to any suit,
action or proceeding instituted in any federal, state or local court or before any administrative
tribunal with respect to any controversy or dispute which arises during the period of this
Agreement and which is therefore arbitrable as set forth above. The arbitration provisions of
this Agreement shall, with respect to such controversy or dispute, survive the termination or
expiration of this Agreement.
F.
SAG-AFTRA shall be an ex officio party to all arbitration proceedings hereunder in which
any Performer is involved and may do anything which a Performer named in such
proceedings might do. Copies of all notices, demands, and other papers filed by any party in
arbitration proceedings and copies of all motions, actions or proceedings in court following
the award, shall be promptly filed with SAG-AFTRA.
G.
Nothing herein contained shall be deemed to give the arbitrator(s) the authority, power or
right to alter, amend, change, modify, add to or subtract from any of the provisions of this
Agreement.
H.
It is the policy of SAG-AFTRA not to process unduly late claims.
60. NO STRIKE; NO LOCKOUT
A.
Provided the Producer complies with this Agreement, SAG-AFTRA will not strike against
the Producer, as to Performers covered by this Agreement in the field covered by this
Agreement. To the extent SAG-AFTRA has agreed not to strike, it will order its members to
perform their contracts with the Producer. This and the following paragraphs shall apply only
to Producers who sign this Agreement. Producer and SAG-AFTRA agree that there will be
no stoppage of work pending arbitration and award, and parties agree that all awards
rendered will be binding upon them.
B.
Rights and Duties of SAG-AFTRA Members and Producers
1. If, after the expiration or other termination of the effective term of this Agreement,
SAG-AFTRA shall call a strike against any Producer, then each respective contract of
members of SAG-AFTRA with such Producer shall be deemed automatically
suspended, both as to service and compensation, while such strike is in effect, and
each such member of SAG-AFTRA shall incur no liability for breach of his or her
respective contract by respecting such strike call, provided such member shall
promptly, upon the termination of such strike, and on the demand of the Producer,
perform as hereinafter in this paragraph provided, and the member shall be deemed to
have agreed as follows:
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a)
That as to any program which is in production at the time any such strike is
commenced, if the member has a contract to do such program, or if the
member is under contract which permits him or her to be assigned to act in
such program and has been so assigned, he or she will, after the termination of
such strike and upon the request of the Producer, report to the Producer and
perform services in such program at the same salary and upon the same terms
and conditions as were agreed upon prior to the commencement of said strike;
b) That the member will immediately, after the termination of such strike and
upon the request of the Producer, execute a new contract on the same terms
and conditions which were in effect at the time the strike commenced, except
that such new contract shall be for a period or periods, including option,
equivalent to the unexpired term of the contract which was in effect when
strike was commenced;
c)
That the member will, in lieu of b., after the termination of such strike, at the
option of the Producer, and upon its demand, execute an agreement in writing
with the Producer extending the term or the period of such personal service
contract in effect when such strike was commenced for a period of time equal
to the period of any suspension by such strike.
If the member shall fail to perform the foregoing, or if the member shall fail
actually to finish services in the program mentioned in a., as provided in a.
(except by reason of the member's death, physical disability, or default by the
Producer), then the waiver of liability by the Producer heretofore given shall
be null and void.
The member further agrees that the statute of limitations as a defense to any
action by the Producer against the member for failure to perform during such
strike is extended by a period equivalent to the duration of such strike. If the
member asserts any claim or defense by reason of the expiration of time
during which the member can be required to perform services by virtue of any
statute (such as the seven-year statute) which claim or defense is based in
whole or in part on the lapse of time during such strike, the waiver by the
Producer is ineffective thereupon, and the statute of limitations as to the
Producer's rights is waived by the member automatically.
2. The automatic suspension provision of this Section shall not affect the Producer's
right to sue any individual Performer for breach of contract arising during the period
of such strike, unless such Performer shall have complied with his or her obligations
under the provisions of this Section.
3. The provisions of this Section shall be deemed included in all contracts between
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Performers and Producer which are now in effect and all such contracts which shall
be entered into during the effective term of this collective bargaining agreement.
4. SAG-AFTRA agrees that it will take such affirmative action as may be necessary and
lawful in order to require its members to perform their respective obligations under
the provisions of this Section.
5. Notwithstanding the expiration or other termination of the effective term of this
collective bargaining agreement, by termination or otherwise, the provisions of this
Section shall be and remain in full force and effect for a period of seven (7) years
following the termination of any such strike, unless this covenant be sooner
terminated by the written consent of Producer and SAG-AFTRA.
C.
Right to Respect Picket Lines
The Company or Producer will not discriminate against any individual SAG-AFTRA
Performer for refusal to cross a lawful picket line which is established at the premises of the
Company or Producer as the result of a lawful strike, authorized by responsible officers
having the right to do so (at the appropriate local, national or international level) of any
member union of the AFL-CIO which has a collective bargaining agreement or is negotiating
a collective bargaining agreement with the Company or Producer.
61. SAG-AFTRA'S ARTICLES AND BYLAWS
SAG-AFTRA agrees that if there is anything in its Articles of Incorporation or its Bylaws which will
prevent it from performing its obligations hereunder, it will take proper steps to amend such Articles
or Bylaws so as to correct any such defect, and SAG-AFTRA further agrees that during the term of
this Agreement it will not adopt any code for Performers or any amendment to its Articles or Bylaws
which will be in conflict with its obligations under this Agreement. SAG-AFTRA states that its
Bylaws provide that each of its members is bound by the provisions of this Agreement.
62. SEPARATE AGREEMENT AS TO EACH PRODUCER
A.
This agreement is a separate agreement as to each Producer, and is not joint and several, and
shall be construed as a separate agreement between SAG-AFTRA and each Producer
signatory hereto.
B.
This agreement may be executed in any number of counterpart originals, each counterpart to
have the same effect as an original, or by letter accepting all terms and conditions hereof.
C.
This Agreement shall be binding on the signatories hereto and all parties who by reason of
mergers, consolidations, reorganizations, sale, assignment or the like shall succeed to, or
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become entitled to, a substantial part of the production business of any signatory. Each
Producer agrees that its signature to this Agreement shall likewise bind subsidiary and
controlled companies engaged in the production of programs to terms of this Agreement.
63. EXISTING CONTRACTS MODIFIED
Each Producer agrees, for the benefit of SAG-AFTRA and all Performers employed by any
Producer, directly or indirectly, that existing contracts with all Performers are hereby modified in
accordance herewith, but no terms and conditions now had by any such Performers which are more
favorable to such Performers than the terms and conditions herein specified, shall be deemed so
modified. If there are any other contracts between or among the Producers to this Agreement or with
SAG-AFTRA or any members of SAG-AFTRA, which require Performers to work under terms and
conditions less favorable to such Performers than this Agreement, then notwithstanding any such
contracts, it is agreed that this Agreement shall, nevertheless, apply for the benefit of all such
Performers and of SAG-AFTRA.
64. PURPOSES OF CODIFICATION; SAVING CLAUSE; TITLE
A.
The purpose of this Codified Agreement is to present in a more convenient and usable form
the effective provisions contained in the 2011-2014 AFTRA National Code of Fair Practice
for Non-Broadcast/Industrial/Educational Recorded Material as modified by the extensions
thereto without in any manner changing the intent or meaning of said provisions.
B.
In the event that SAG-AFTRA or any Producer shall discover that any effective provision
contained in the foregoing Agreement has been unintentionally omitted from this
codification, such party may request its inclusion herein; SAG-AFTRA and the Producer
agree to discuss promptly the request and if they determine that the provision was
unintentionally omitted then the parties agree to include such provision in this codification.
65. RULES OF CONSTRUCTION
A.
The language in all parts of this Agreement shall in all cases be construed simply according
to its fair meaning, and not strictly for or against SAG-AFTRA or the Producer. Unless
otherwise specifically defined herein, the terms used shall be given their common meaning in
the Corporate/Educational and Non-Broadcast industry.
B.
The heading of sections or subsections and the index are not a part of this Agreement and
shall not be construed as altering the meaning of the text of this Agreement.
C.
If any portion of this Agreement shall be held illegal, such portion shall be ineffective; but, if
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such portion is a major provision of this Agreement, either party may thereupon terminate
this Agreement on ninety (90) days written notice to the other party.
D.
Restructuring and Simplification of the Contract
In order to streamline the contract and make it more “user friendly”, both parties have agreed
to meet during the term of the contract to discuss and implement changes by
updating/clarifying outdated language and amending existing language to more adequately
reflect the current business practices. Both parties understand that such changes may include
the addition or elimination of Producer obligations or Performer protections. The parties will
establish a mutually agreeable procedure to implement this agreement.
66. SERVICE OF NOTICE
Any notice which either party may desire to serve upon the other may be served personally upon a
corporate officer of such party, or by registered mail, postage prepaid, addressed to such party at its
principal place of business.
67. FINANCIAL ASSURANCES
SAG-AFTRA may, in its discretion, require financial assurances in the form of a bond, cash deposit,
certified checks or in any other appropriate form, where it appears to SAG-AFTRA to be necessary
for the protection of the Performers employed by Producer.
68. RIGHT TO TERMINATE; UNFAIR LIST
Nothing in this Agreement shall preclude the right of SAG-AFTRA to terminate this Agreement and
declare a Producer unfair when such Producer, knowingly and intentionally, breaches its obligations
under this Agreement; such as, by way of example and not by way of limitation, where a Producer
fails to pay compensation owing to Performers employed by it where there is no bona fide
controversy as to the obligation owing.
69. LIMITATION ON LIABILITY
SAG-AFTRA is a corporation. Nothing in this Section shall enlarge the liability of its officers,
directors, agents, employees, and members, this Section being an additional limitation thereon.
SAG-AFTRA will not be held liable for unauthorized acts of its officers, agents, directors,
employees, or members; neither SAG- AFTRA nor its officers, directors, agents, employees, or
members not participating in the actions hereinafter mentioned, shall be liable for any strike,
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slowdown, or work stoppage unless the same be authorized by SAG-AFTRA in accordance with its
Constitution, but the foregoing exemption of this sentence shall not apply unless SAG-AFTRA,
upon request from the Producer affected thereby, shall proclaim promptly and publicly that such
strike, slowdown, or work stoppage is unauthorized, and follows such pronouncement within a
reasonable time thereafter, if requested so to do by the Producer affected, with disciplinary
proceedings in accordance with its Constitution against the participants in such unauthorized action.
70. RECOGNITION, RULES AND REGULATIONS
A.
The bargaining unit is a national unit. Said bargaining unit is without prejudice to either
party. Producer recognizes SAG-AFTRA as the exclusive collective bargaining agent for all
Performers and agrees that during the term of this Agreement all Performers employed or
otherwise engaged for Non-Broadcast programs directly or indirectly or through agents or
representatives will become members of SAG-AFTRA in good standing.
B.
Producer further recognizes that members of SAG-AFTRA must abide by SAG-AFTRA's
Constitution and Bylaws, Rules and Orders, and obligations thereof, and that the engagement
is subject to such rules. SAG-AFTRA agrees it has no present rule, requirement or obligation
upon its members, and during the term of this Agreement will make no future rule,
requirement or obligation which is in derogation of this Agreement. SAG-AFTRA agrees not
to impose unreasonable entrance fees or dues upon its members.
71. LOAN-OUTS / AUDITS / ADHERENCE TO HEALTH AND RETIREMENT PLANS
(See Section 8.G. Contributions to AFTRA Health and Retirement Funds.)
72. TRANSFER OF RIGHTS - ASSUMPTION AGREEMENT
Upon the sale, transfer, assignment or other disposition by Producer of any program
produced by it hereunder, the Producer shall not be responsible to SAG-AFTRA or to any
SAG-AFTRA members for any payments thereafter due with respect to the use of such
programs or for a breach or violation of this Agreement by such transferees, if SAG-AFTRA
approves the financial responsibility of such transferee in writing, and if the Producer in its
agreement with such transferee has included a provision substantially in the following form:
_________ (name of transferee) hereby agrees with _________ (name of Producer)
that all programs covered by this Agreement are subject to the 2015-2018 SAGAFTRA Corporate/Educational and Non-Broadcast Contract. The said transferee
hereby agrees expressly for the benefit of SAG-AFTRA and its members affected
thereby to make all payments of fees as provided in said Contract and all Social
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Security, withholding, unemployment insurance and disability insurance payments
and all appropriate contributions to AFTRA Health and Retirement Funds required
under the provisions of said Contract with respect to any and all such payments and to
comply with the provisions of said Contract with respect to the use of such program
and required records and reports. It is expressly understood and agreed that the rights
of transferee to use such program shall be subject to and conditioned upon the prompt
payment to the Performers involved of all compensation as provided in said Contract
and SAG-AFTRA, on behalf of the Performers involved, shall be entitled to
injunctive relief in the event such payments are not made.
The Producer agrees to give written notice by mail, to SAG-AFTRA of each sale, transfer,
assignment or other disposition of any program which is subject to this Agreement, within
thirty (30) days after the consummation of each sale, etc., and such notice shall specify the
name and address of the purchaser, transferee or assignee, and to deliver to SAG-AFTRA a
copy of the agreement with the purchaser, transferee or assignee.
A.
Where a Producer produces a program hereunder for a client signatory to this Agreement or a
Letter of Adherence hereto:
1. The client shall guarantee payment of the applicable daily base pay or fee for such
program;
2. The client shall make all payments of fees and otherwise comply with this Agreement
with respect to such program;
3. The Producer shall not be responsible to SAG-AFTRA or any SAG-AFTRA
members for any payments of fees or for any breach or violation of this Agreement
by the client; and
4. The agreement set forth in subsection A. of this Section need not be obtained
73. INDUSTRY-UNION STANDING COMMITTEE
The Standing Committee shall consist of five (5) Industry representatives and five (5) Union
representatives. Three (3) Industry and three (3) Union representatives may act as the Committee.
The Committee shall meet from time to time upon request of either party and may establish such
regular meetings as it deems proper. The Committee shall have the following functions:
A.
To discuss, investigate and make recommendations as to the solution of problems arising in
the construction, interpretation and administration of this Agreement and as to any abuses or
grievances, which arise during the term hereof affecting Performer-Producer relationships
generally and for which no remedy is provided hereunder;
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B.
To make every effort to prevent and remedy abuses arising under this Agreement to eliminate
tensions; to promote cooperation and to assist in a mutual understanding of the problems of
employer and employee;
C.
To discuss, investigate and make recommendations with respect to any and all other matters
affecting the operation and application of this Agreement and which will aid in promoting
harmonious Performer-Producer relationships;
D.
To consider any cases of inequity brought to its attention arising out of contracts for the
performance by the Performer of additional services other than in programs or the method of
contracting therefore;
E.
To review, revise and promulgate report forms and other records appropriate to carry out the
purposes and provisions of this Agreement;
F.
To arrange the provisions of this Agreement to place them in a more functional and
convenient order;
G.
To study the problems of implementation in connection with insuring against liability arising
out of injuries to persons or property during performance;
H.
To study and investigate problems arising out of independent casting agencies; and
I.
To resolve any disputes over Background Actor sanitary provisions on set or location.
74. CONTRACT INCORPORATED IN PERFORMERS' INDIVIDUAL CONTRACTS
A.
The applicable provisions of this Agreement shall be deemed incorporated in the individual
contract of employment between Producer and each Performer. Every contract (whether
written or oral) between Producers under this Agreement and any Performer shall be deemed
to contain the following clauses:
"Notwithstanding any provision in this contract to the contrary, it is specifically
understood and agreed by all parties hereto:
1. That they are bound by all the terms and provisions of the SAG-AFTRA
Corporate/Educational and Non-Broadcast Contract.
2. That should there be any inconsistency between said contract and the valid rules and
regulations enacted by SAG-AFTRA not in derogation thereof, this Contract shall
prevail; but nothing in this provision shall affect terms, compensation or conditions
provided for in said contract which are more favorable to members of SAG-AFTRA
than the terms, compensation and conditions provided for in said SAG-AFTRA
Corporate/Educational and Non-Broadcast.
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3. That the Performer is covered by the provisions governing AFTRA Health and
Retirement Funds.
4. All disputes and controversies of every kind and nature arising out of or in connection
with this Agreement shall be determined by arbitration in accordance with the
procedure and provisions in Section 59. of the SAG-AFTRA Corporate/Educational
and Non-Broadcast Contract."
B.
No waiver by any Performer of any terms of this Agreement shall be requested of the
Performer or become effective unless the consent of SAG-AFTRA is first obtained. Such
consent may be oral, but SAG-AFTRA agrees that all oral waivers will be confirmed in
writing by it. Whenever the Producer is entitled to a waiver, SAG-AFTRA agrees to issue the
same without cost.
75. INDEMNIFICATION
A.
Subject to the provisions of subsections E., F., and G. hereof, in the event any other member
of the cast, production staff, crew or any other person, firm or corporation shall suffer injury
to his or her person and/or property, of any kind whatsoever by reason of, or as a result of,
the performance by any Performer or Stunt Performer (hereinafter in this paragraph called
"Performer") of a stunt or act in the course and scope of employment under this Collective
Bargaining Agreement, under the direction and control of the Producer, Producer shall at all
times indemnify and save the Performer harmless from and against all liability, loss, damages
and costs, including reasonable counsel fees, which the Performer may for any cause at any
time sustain or incur an injury by reason of such performance. In the event legal action is
taken against the Performer, either jointly with the Producer or alone, the Producer shall at its
own cost and expense and without undue delay provide the defense of the Performer in all
such litigation.
B.
In any instance where a Stunt Coordinator is engaged pursuant to the requirements of this
Agreement, the Stunt Coordinator acting in the course and scope of the Coordinator's
employment shall be entitled to indemnification in the same manner and to the same extent
as a Principal Performer or Stunt Performer pursuant to A. above, subject to the following:
1. The indemnification of a Stunt Coordinator shall be provided only by the production
house or such other party who directly engages the Stunt Coordinator.
2. Nothing herein contained shall be construed or used by any party as a basis for
asserting whether or not Stunt Coordinators perform services covered by this
Agreement.
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C.
In the event any legal action in the courts or before Administrative Agencies results by
reason of or as a result of, any material or action of a Performer included in a program in the
scope and course of employment under this Collective Bargaining Agreement, under the
direction and control of the Producer, Producer shall at all times indemnify and save the
Performer harmless from and against all liability, loss, damages and costs, including
reasonable counsel fees, which the Performer may for any cause at any time sustain by
reason of such performance. In the event legal action, in the courts or administratively is
taken against the Performer either jointly with the Producer or alone, Producer shall at its
own cost and expense and without undue delay provide the defense of the Performer in all
such litigation.
D.
The indemnity provided for in subsections A., B., and C. above shall be limited to actions of
the Performer taken pursuant to the direction, control or request of the Producer or the
Producer's designee, or material provided to the Performer by the Producer or his designee.
The Performer shall similarly indemnify the Producer against any liability, loss, damages and
costs, including reasonable counsel fees, which the Producer may at any time sustain or incur
by reason of action taken by the Performer contrary to the direction of the Producer or
outside the course and scope of employment or by reason of any fraudulent material provided
by the Performer.
E.
The indemnitee shall notify the indemnitor promptly in writing in case knowledge shall come
to the indemnitee of any claim or litigation arising out of such performance and thereafter
deliver to the indemnitor every demand, notice, summons, complaint or other process
received by the indemnitee or indemnitee's representative relating thereto.
F.
The indemnitor shall have the right to assume full and complete control of the defense of any
claim or action. The indemnitee shall cooperate fully in the defense so provided by
indemnitor of such claim or action, and upon the indemnitor's request, shall attend hearings
and trial and, whenever possible, assist in 1) securing and giving evidence; and 2) obtaining
the attendance of witnesses at such hearings and trials.
G.
The indemnitee shall not make any settlement or compromises of any such claim or litigation
without the prior written consent of the indemnitor. Any settlement or compromise by the
indemnitee without indemnitor's prior consent of any such claim or litigation shall nullify
indemnitor's obligation under subsections A., B., or C. above.
H.
If the indemnitee has reason to believe that any indemnitor does not have financial resources
sufficient to cover its indemnity under this Agreement, then the indemnitee may require that
insurance be provided so as to cover any reasonable liability which the indemnitor may incur.
When the indemnitee is a Performer, SAG-AFTRA may act on the Performer's behalf in
making a reasonable determination of financial responsibility.
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I.
Nothing herein contained shall be construed to: 1) deprive indemnitor of any lawful defense
to such claim or action including the defense that such claim arose by reason of indemnitee's
acts outside the scope of the indemnitee's employment; or 2) expand Producer's liability to
any person under the applicable Worker's Compensation Law.
76. PRODUCER, SAG-AFTRA AND PERFORMER RESPONSIBILITY
A.
It shall be the responsibility of the Producer faithfully to perform all its obligations
hereunder, including but not limited to the employment of Performers, Professional
Recognition - Preference of Employment provisions, Union Security provisions, prompt
payment of the rates as herein provided, and the prompt and timely payments of the
appropriate use fees.
1. The Producer agrees that:
a)
It will not enter into any agreement with or employ any Performer for
programs covered herein, upon terms and conditions less favorable to the
Performer than those set forth in this Agreement.
b) No waiver by any Performer of any provisions of this Agreement shall be
effective unless the written consent of SAG-AFTRA to such waiver is first
obtained.
c)
Nothing in this Agreement shall be deemed to prevent any Performer from
negotiating for and/or obtaining better terms than the minimum terms
provided for herein.
d) The acceptance of payment or other consideration in money, by check, or in
any other form, by a member of SAG-AFTRA, for any work or services under
this Agreement, shall not be deemed a waiver by such SAG-AFTRA member,
nor constitute a release or discharge by the Performer of such SAG-AFTRA
member's rights either under this Agreement, or under any agreement for
additional compensation or contractual rights. Releases, discharges, notations
on checks, cancellations, etc., and similar devices which may operate as
waivers or releases shall be null and void as far as any SAG-AFTRA member
is concerned unless SAG-AFTRA's prior written approval is first obtained.
e)
It is the essence hereof that a Producer will not evade, circumvent or violate,
or seek to evade, circumvent or violate this Agreement or any part thereof
either directly or indirectly, nor will the Producer knowingly permit such
evasion, circumvention or violation by any controlled, allied or affiliated firm,
corporation or person.
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B.
It shall be the responsibility of SAG-AFTRA faithfully to observe its obligations under this
Agreement, to encourage observance by its members, and to take appropriate disciplinary
action against any member who knowingly or willfully violates this Agreement and the terms
of the member's employment agreement when charges of such violations are filed by an
aggrieved Producer. In no way does the above derogate from any right which the Producer,
SAG-AFTRA or the Performer may have to seek separate redress for any breach.
SAG-AFTRA will undertake to notify and inform its franchised agents of the mutual
responsibility set forth herein and to encourage their adherence thereto in their relationship
with Performers and Producers.
77. NOTICES TO PERFORMERS
All notices which the Producer desires or is required to send to a Performer shall be sent to not more
than two (2) addresses which the Performer may designate, one of which shall be the address which
the Performer designates for the sending of payments on the standard employment contract. The
standard form contract shall provide a place for inserting the address to which notices shall be sent to
Performer and to Producer. Performer and Producer shall notify each other in writing of any changes
of address from those specified on the standard employment contract.
78. CONTRACT BINDING
With respect to programs produced within the jurisdiction of SAG-AFTRA, this Agreement shall be
binding on the signatories hereto and all parties who by reason of mergers, consolidations,
reorganizations, sale, assignments or the like shall succeed to or become entitled to a substantial part
of the production business of any signatory. Each Producer agrees that its signature to this
Agreement shall likewise bind domestic subsidiaries and Producers engaged in the production of
programs within the jurisdiction of SAG-AFTRA (including "House Agencies" of client signatories).
79. SEPARABILITY
If any clause, sentence, paragraph, or part of this Agreement or the application thereof to any person
or circumstances shall, for any reason, be adjudged by a court of competent jurisdiction to be
invalid, such judgment shall not affect, impair, or invalidate the remainder of this Agreement, but
shall be confined in its operations to the clause, sentence, paragraph, or part thereof directly involved
in the controversy in which such judgment shall have been rendered. It is hereby declared to be our
intent that this Agreement would have been accepted even if such invalid provisions had not been
included. All terms and conditions of this Agreement are separable.
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80. UNION STANDARDS
A.
Producer will not engage either in the production of a program or any part thereof (including
film footage or sound track) as to which one or more Principal Performers is employed by a
person not signatory to this Agreement or a Letter of Adherence hereto (a "nonsignatory") or
acquire a Non-Broadcast program or any part thereof as to which one or more Principal
Performers were employed by a non-signatory, unless, in each case, the Producer determines,
after reasonable investigation, that such Principal Performers have been and will be either 1)
afforded the wages, hours, working conditions and other economic benefits provided in this
Agreement or 2) afforded wages, hours, working conditions and other economic benefits
having a substantially equivalent economic cost to such non-signatory. The Producer shall,
upon written request from SAG-AFTRA, report to SAG-AFTRA the name of such nonsignatory, the number of programs to be recorded and other pertinent data to enable SAGAFTRA to administer this Agreement.
B.
If Producer obtains an agreement substantially in the form below from such non-signatory,
Producer shall be deemed to have observed the provisions of subsection A. of this Section.
It is hereby agreed by ____________________ (name of non-signatory employer)
that all Performers as defined in the 2015-2018 SAG-AFTRA Corporate/Educational
and Non-Broadcast Contract be afforded either 1) the wages, hours, working
conditions and other economic benefits provided in said Contract; or 2) wages, hours,
working conditions and other economic benefits having a substantially equivalent
economic cost to ____________________ (name of non-signatory Producer).
C.
In addition to any other remedies at law or under this Agreement, SAG-AFTRA reserves the
right to terminate the Letter of Adherence of any Producer who fails to observe the
provisions of subsection A. of this Section, unless such failure is isolated or inadvertent.
D.
The parties to this Agreement acknowledge and agree that the purpose and intent of this
Section is to ensure that no Producer will be economically motivated to have a NonBroadcast program or any such part thereof produced by, or to acquire a Non-Broadcast
program or any such part thereof from, a non-signatory which incurs economic costs with
respect to the employment of Principal Performers on such Non-Broadcast program or part
thereof which are not substantially equivalent to the economic costs which would have been
incurred by the Producer had it employed such Principal Performers. This Section shall be
construed and enforced in accordance with such purpose and intent.
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81. EVASION OF RESPONSIBILITY
Producer agrees it will not (for the purpose of evading performance under this Agreement):
A.
Sublet or transfer responsibility hereunder to any third person;
B.
Transfer its operations to any other place of origin, territory or locations for the purpose of
defeating or evading this Agreement;
C.
Knowingly use, lease or authorize others to use such program material for any purpose or in
any manner other than as permitted by this Agreement; or
D.
Use the terms of this Agreement for the purpose of defeating or evading the terms and
conditions of the AFTRA National Code of Fair Practice for Commercial Recorded
Broadcasting, or the AFTRA National Sustaining Radio Agreement, or the AFTRA National
Code of Fair Practice for Network Television Broadcasting, or the SAG-AFTRA
Commercials or Radio Recorded Commercials Contracts, as presently applied (or any
agreement in modification or extension thereof or in substitution therefor).
82. UNION LABEL
In the event any program made under this Agreement includes a union label, SAG-AFTRA shall
have the right to have its label incorporated in all prints and copies.
IN WITNESS WHEREOF, THE PARTIES HAVE EXECUTED THIS INSTRUMENT AS OF
MAY 1, 2015.
Accepted and Agreed:
Producer: ___________________________________
By: ___________________________________________
Date: __________________________________________
SCREEN ACTORS GUILD - AMERICAN FEDERATION OF TELEVISION AND
RADIO ARTISTS
By: ______________________________________
David P. White
National Executive Director
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INDEX
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INDEX
Exhibit 2
CORPORATE/EDUCATIONAL& NON-BROADCAST CONTRACT
AFTRA H&R REMITTANCE REPORT / PRODUCTION REPORT
IMPORTANT:
Make checks payable to AFTRA Health and Retirement Funds and send with a copy of this
form to AFTRA Health and Retirement Funds, Post Office Box 13673, Newark, New Jersey, 07188-3673.
For inquiries to AFTRA H&R, call 1-800-562-4690 or 212-499-4800.
* KEY TO TYPE OF PERFORMANCE
Category 1
Category 2
Session Date(s) _______________________________
HEALTH and RETIREMENT
Reporting Co. _______________________________
Studio ______________________________________
City ________________________________________
Address ____________________________________
Product _____________________________________
Working Title ________________________________
Account No. __________ Date ________________
Signatory Employer ____________________________
Signature ___________________________________
Producer ____________________________________
Type of Program ______________________________
(Authorized Representative)
This is Sheet #1 of ______ sheets (attached).
a) Video or Audio Program
b) Instructional or educational, sales promotion, amusement,
(Use additional sheets if more space needed)
IVR, store/phonecasting, other
HEALTH and RETIREMENT REMITTANCE
(a) H&R Subject Earnings
(sum of Col. H all pages)
_________
(b) Contribution
(16% of above)
_________
(c) Adjustments (explain in detail
on separate statement)
_________
(d) Total Remittance
(line b plus or minus line c)
_________
P
VO
OCN
NP
BA
On-Camera Principal SB Silent Bit Actor
Off-Camera Principal SA Special Ability Actor
On-Camera Narrator
S Solo-Duo
Non-Principal
G Group Singer (3 or more)
Background Actor
C Contractor
Retake
(check)
Remake
(check)
Special Comments: Use Bottom of Sheet
A
B
C
Social Security
Account Number
PERFORMER'S NAME
Category
Last
First
MI
D
Time of
107
INDEX
From
Session
To
E
F
G
H
Length
of each
Program
No. of
Programs
Recorded
No. of
Doubles
Gross
Payment
THIS PAGE INTENTIONALLY LEFT BLANK
108
INDEX
Exhibit 3
The Artist Cannot Waive Any Portion of the Union Contract Without Prior Consent of SAG-AFTRA
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109
INDEX
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110
INDEX
111
INDEX
AUTHORIZED
REPRESENTATIVE
SIGNATURE:
NAME
(PRINT)
PRODUCT/SERVICE
MEMBERSHIP NUMBER
JOB NUMBER
ACTUAL
CALL
TIME
IN
TIME INITIAL
OUT
1st 2nd 3rd 4th
1st 2nd 3rd 4th
1st 2nd 3rd 4th
1st 2nd 3rd 4th
1st 2nd 3rd 4th
1st 2nd 3rd 4th
1st 2nd 3rd 4th
1st 2nd 3rd 4th
1st 2nd 3rd 4th
1st 2nd 3rd 4th
1st 2nd 3rd 4th
1st 2nd 3rd 4th
1st 2nd 3rd 4th
1st 2nd 3rd 4th
CIRCLE
INTERVIEW
NUMBER
The use of this form is at the option of the Employer. The only
reason for requesting information on ethnicity, sex, age, and
disability is for the talent unions to monitor applicant flow. The
furnishing of such information is on a VOLUNTARY basis. The
Authorized Representative's signature on this form shall not
constitute a verification of the information supplied by
performers.
AGENT
(PRINT)
AUDITION DATE
SEX
(X)
M F
B
C
–
–
Caucasian
B
–
O
PWD
(X)
Other
--
O
Native American – NA
Latino/Hispanic
C LH NA
ETHNICITY (X)
Performer with Disability - PWD
AP
–
Black
AP
Asian/Pacific
40+ -40
AGE (X)
PRODUCTION COMPANY
PRODUCT OR COMPANY NAME
LH
PAGE ______ OF _______
Person to whom correspondence concerning this form shall be sent:
(Name & Phone Number)
BACKGROUND †
SINGER/DANCER †
TO BE COMPLETED BY PERFORMERS
SIGNATORY COMPANY NAME
PROGRAM TITLE - NAME & NUMBER
CATEGORY I †
CATEGORY II †
INTENDED USE
CASTING REPRESENTATIVE NAME
OFF-CAMERA †
ON-CAMERA NARRATOR/SPOKESPERSON †
(X) WHERE APPLICABLE
DAY PERFORMER †
TO BE COMPLETED BY CASTING DIRECTOR
CORPORATE/EDUCATIONAL & NON-BROADCAST AUDITION REPORT
Exhibit 4
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2015-2018 SAG-AFTRA CORPORATE/EDUCATIONAL AND NON-BROADCAST
CONTRACT
SUBJECT
Index
PAGE
SECTION
A
Accident Reports.........................................................................................................82 ........... 45A
Accommodation for Performers with Disabilities ......................................................40 ............ 14E
Ad Lib Work ...............................................................................................................42 .............. 16
For Unrecorded Silent Part .....................................................................................8 ........... 7A2
Added Scenes, Compensation for ...............................................................................55 .............. 28
Subject to Recall for .............................................................................................54 ........... 27A
Admission to Premises ................................................................................................86 .............. 52
Affirmative Action/Diversity and Policy of Nondiscrimination .................................39 .............. 14
AFTRA Health and Retirement Funds........................................................................23 ................ 8
Contribution Form ..............................................................................................107 ... Exhibit 2
AFTRA Industry Cooperative Fund (“AICF”) ...........................................................23 ............. 8A
Age, Inquiries Prohibited ............................................................................................39 ........... 14A
Agency Fees for Background Actors ..........................................................................15 ............ 7E2
Animals
Handlers, Exception to Prohibition Against Engagement of Production Staff ...38 ......... 13B1
Notice of Work with .............................................................................................42 .............15J
Treatment of .........................................................................................................83 .............. 46
Work with .............................................................................................................79 ........... 44B
Arbitration ...................................................................................................................89 .............. 59
For Breach of Union Security Provisions .............................................................33 ........... 11D
Armed Forces Personnel ...............................................................................................7 ........... 6C3
Articles and Bylaws, SAG-AFTRA ............................................................................92 .............. 61
Assignees ....................................................................................................................84 ........... 51B
Assumption Agreement, for Transfer of Rights..........................................................95 .............. 72
Audio Programs ..........................................................................................................17 .............. 7F
Supplemental Use .................................................................................................31 .............. 9E
Audits
Loan-Out Company Contributions .......................................................................26 ........... 8G5
Required Records and Reports .............................................................................85 ........... 51D
Auditions .....................................................................................................................41 .............. 15
Audition Report Form ........................................................................................111 ... Exhibit 4
Compensation for ............................................................................................41,42 .......15C, D
Health and Retirement Contributions ...................................................................42 ............ 15E
Information Required at ..................................................................................41,42 ......... 15A,J
Mass Auditions .....................................................................................................42 ........... 15H
B
Background Actors
Agency Fees .........................................................................................................15 ............ 7E2
Body Makeup, Skull Cap, Hair Goods, Haircuts .................................................67 .............. 38
Cancellation of Calls ............................................................................................49 ........... 20B
Compensation, Minimum .....................................................................................16 ............ 7E4
Compensation for Use of Personal Accessories at Fitting ...................................67 ......... 37B3
Consecutive Employment, Not Entitled to ...........................................................55 ........... 27B
Costume Fittings...................................................................................................66 ........... 37B
Coverage .................................................................................................................1 ................ 1
Definitions ............................................................................................................15 ............ 7E3
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SUBJECT
Index
PAGE
SECTION
General .............................................................................................................15 .......... 7E3a
Silent Bit ...........................................................................................................16 .......... 7E3c
Special Ability ..................................................................................................15 .......... 7E3b
Stand-in, Photo Double ...................................................................................15 .......... 7E3b
Engagement of ......................................................................................................47 ........... 19C
Half-Day Engagement Does Not Apply ...............................................................10 .......... 7A5f
Overtime ...............................................................................................................60 ........... 31C
Preference of Employment ...................................................................................37 ........... 12B
6th/7th Day of Work ...............................................................................................61 ........... 32B
Rest Periods ..........................................................................................................58 ........... 30B
Sixteen-Hour Rule ................................................................................................60 ......... 31C6
Travel....................................................................................................................68 .............. 39
Upgrade to Day Performer ...................................................................................48 ......... 19D2
Wardrobe ..............................................................................................................64 ........... 35B
Weather Permitting Calls .....................................................................................51 ........... 21B
Weekend Work .....................................................................................................61 ........... 32B
Bargaining Agent for Performers, Union as ...............................................................95 .............. 70
Blind or Visually Impaired Performer, Employment of .............................................40 .......... 14E2
Body Makeup, Additional Compensation ...................................................................67 .............. 38
Bond (see Financial Assurances) ................................................................................94 .............. 67
Breach
Preference of Employment Provisions
Background Actors ........................................................................................38 ......... 12B5
Principal Performers ......................................................................................37 ......... 12A8
Union Security Provisions ....................................................................................33 .......11C, D
Breaks
Background Actor ................................................................................................58 ......... 30B1
Dancers/Swimmers/Skaters ..................................................................................77 ......... 42B4
Minors ..................................................................................................................75 ....... 41H2b
Singers ..................................................................................................................78 ........... 43B
Buyout of Material Recorded for Storecasting ...........................................................21 .......... 7F5c
Bylaws, SAG-AFTRA’s Articles and .........................................................................92 .............. 61
C
Cable Television Use, Supplemental Use
Basic Cable ...........................................................................................................28 ........ 9C1,2
Pay Cable..............................................................................................................30 ........... 9C9
Call Back, Retakes – Voice-Over Performers ............................................................13 ........... 7B3
Cancellation ................................................................................................................49 .............. 20
Background Actors ...............................................................................................49 ........... 20B
Principal Performers .............................................................................................49 ........... 20A
Casting and Auditions .................................................................................................41 .............. 15
Policy of Non-Discrimination ..............................................................................39 .............. 14
Casting Agencies Subject to Investigation .................................................................97 ........... 73H
Categories .....................................................................................................................3 ................ 5
Category I ...............................................................................................................4 ............. 5C
Category II ..............................................................................................................4 ............. 5D
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CONTRACT
SUBJECT
Index
PAGE
SECTION
As Supplemental Use .....................................................................................30 ........... 9D2
Initial Primary Use ...............................................................................................30 ........... 9D1
Produced for Initial Use on Internet/New Media ...................................................3 ............. 5B
Change of Address, Notice .......................................................................................101 .............. 77
Child Labor Laws .......................................................................................................75 .............41J
Climatic Protection, on Set or Location .................................................................62,63 ........ 34E,H
Commentators, Coverage ..............................................................................................1 ................ 1
Commercials
Use of Non-Broadcast Program in .........................................................................2 ............. 3B
Use of Program in a New Medium .......................................................................31 .............. 10
Not Permitted Under this Agreement ................................................................2,17 ........... 3;7F
Compensation, Minimum (see Minimum Compensation) ............................................8 ................ 7
Conferences, Song, Story and Production ..................................................................52 .............. 24
Consecutive Employment ...........................................................................................54 .............. 27
Exceptions, Principal Performers .........................................................................54 ........... 27A
Retakes, Added Scenes, Looping, etc. ...........................................................55 ........... 28A
Spillover ...............................................................................................................55 ........... 27C
Contract Binding, on Signatories, Successors and Assigns ......................................101 .............. 78
Contract
For Services Not Included in Collective Bargaining Agreement .........................46 ......... 19A7
Delivery of Employment Contract .......................................................................45 ......... 19A3
Form of Employment Contract .............................................................................44 ......... 19A2
Collective Bargaining Agreement Incorporated in Individual Contracts .............97 .............. 74
Standard Employment Contract .........................................................................105 ... Exhibit 1
Contractors, Singers ....................................................................................................78 ........... 43D
Audio Programs, Singers ......................................................................................18 .......... 7F2d
Minimum Compensation .......................................................................................9 ........... 7A4
Contributions to AFTRA Health and Retirement Funds.............................................23 ............. 8A
Form ...................................................................................................................107 ... Exhibit 2
Conversion to Weekly Basis, Day Performer .............................................................47 ......... 19B5
Coverage .......................................................................................................................1 ................ 1
Geographic Scope.................................................................................................88 .............. 58
Crediting, Prohibition Against ....................................................................................23 ........... 7G5
Creed, Inquiries Regarding Prohibited........................................................................39 ........... 14A
Crowds at Public Events ...............................................................................................5 ........... 6B1
Cue Cards ....................................................................................................................42 ...... 15K;16
Customization, Integration and/or (Supplemental Use) ..............................................29 ........... 9C6
D
Dancers/Swimmers/Skaters, Employment of .............................................................76 .............. 42
Breaks ...................................................................................................................77 ......... 42B4
Coverage .................................................................................................................1 ................ 1
Definition..............................................................................................................76 ........... 42A
Emergency Treatment ..........................................................................................77 ......... 42B7
Footwear ...............................................................................................................77 ........42B10
Footwear Allowance.............................................................................................78 ........42B11
Half-Day Engagement does not apply ..................................................................10 .......... 7A5f
Hazardous Activity, Compensation for ................................................................77 ......... 42B8
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PAGE
SECTION
Meal Periods .........................................................................................................77 ......... 42B6
Minimum Compensation ......................................................................................12 ........... 7A8
Preference of Employment ...................................................................................34 ......... 12A1
Standard Floors.....................................................................................................76 ......... 42B1
Supplemental Use Payment ..................................................................................27 .......... 9B1c
Temperature on Set or in Rehearsal Area.............................................................77 ......... 42B5
Unusual Work Conditions ....................................................................................76 ......... 42B2
Warm-up Space ....................................................................................................76 ......... 42B3
Wire Flying...........................................................................................................77 ......... 42B9
Working Conditions .............................................................................................76 ........... 42B
Dangerous Conditions (see Hazardous Work) ............................................................80 ...........44M
Day Performers (Actor or Stunt)
Engagement ..........................................................................................................46 ........... 19B
Makeup, Hairdress and Wardrobe Fittings ...........................................................65 ......... 37A1
Minimum Compensation ........................................................................................8 ........ 7A1,3
Overtime ...............................................................................................................58 ........... 31A
Preference of Employment ..............................................................................34,37 ...... 12A1,8
Weather Permitting Calls .....................................................................................51 ........... 21A
Deaf Performer, Employment of.................................................................................40 .......... 14E1
Definition of a Program ................................................................................................1 ................ 2
Delivery of Contract ...................................................................................................45 ......... 19A3
Description of a Role; Prompting Devices; Scripts; Ad Lib Work .............................42 .............. 16
Disabilities, Performers with (see Performers with Disabilities) ................................39 .............. 14
Disability Insurance ....................................................................................................22 ........... 7G3
Disclosure of Intended Program Use at Audition .......................................................41 ........... 15A
Doubling
Audio Programs ....................................................................................................21 ............ 7F7
Minimum Compensation ......................................................................................14 ........... 7D1
Dressing Rooms ..........................................................................................................62 .............. 34
Driving, Stunt Guidelines ...........................................................................................79 ............. 44I
Dubbing, Minimum Compensation.............................................................................14 ........... 7D2
Audio Programs ....................................................................................................21 ............ 7F8
Dust or Debris, Work in ..............................................................................................81 ...........44M
E
Editing and Dubbing, Audio Programs .......................................................................21 ............ 7F8
Emergency
Dancers, Treatment ..............................................................................................77 ......... 42B7
Safety Requirements.............................................................................................82 ........... 45B
Employment Contracts................................................................................................44 ......... 19A2
Filed by Producer with SAG-AFTRA Office .......................................................45 ......... 19A4
Standard Employment Contract .........................................................................105 ... Exhibit 1
Engagement of Performers .........................................................................................44 .............. 19
Advance Information Required ............................................................................44 ......... 19A1
Overnight Locations, Notice of......................................................................47 ......... 19B4
Nudity or Sex Scenes .....................................................................................45 ......... 19A6
Background Actors ...............................................................................................47 ........... 19C
116
2015-2018 SAG-AFTRA CORPORATE/EDUCATIONAL AND NON-BROADCAST
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SUBJECT
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PAGE
SECTION
Contract
Form of ..........................................................................................................44 ......... 19A2
Delivery of .....................................................................................................45 ......... 19A3
Filing of Copies with SAG-AFTRA ..............................................................45 ......... 19A4
Oral Agreements (Day Performers Only).............................................................46 ......... 19B2
Other Services Not Included ................................................................................46 ......... 19A7
Principal Performers .............................................................................................46 ........... 19B
W-4 Forms ............................................................................................................45 ......... 19A5
Evasion of Responsibility by Producer .....................................................................103 .............. 81
Existing Contracts Modified .......................................................................................93 .............. 63
Expenses, Reimbursed by Producer ............................................................................83 .............. 47
Explosives ...................................................................................................................79 ........... 44C
Extras (see Background Actors)
F
F/S/O Agreement ........................................................................................................25 ............. 8G
Fees per Program ..........................................................................................................8 ......... 7A1a
Filing of Contract Copies ............................................................................................45 ......... 19A4
Financial Assurances, Bond, Cash or Certified Check ...............................................94 .............. 67
First Aid ......................................................................................................................80 ...........44M
Fittings .......................................................................................................................65 .............. 37
Minors ..................................................................................................................73 ........... 41D
Flight Insurance ..........................................................................................................72 .............. 40
Foreign Productions ....................................................................................................88 .............. 58
Foreign Television, Supplemental Use .......................................................................28 ........... 9C4
Foreign Versions, Compensation for Changes in .......................................................55 .............. 28
Forms
Audition Report ..................................................................................................111 ... Exhibit 4
H & R Remittance Report / Production Report ..................................................107 ... Exhibit 2
Member Report...................................................................................................109 ... Exhibit 3
Standard Employment Contract .........................................................................105 ... Exhibit 1
Frostbite ......................................................................................................................80 ........... 44K
Funds
AFTRA Industry Cooperative Fund (AICF) ........................................................23 ................ 8
Health & Retirement ............................................................................................23 ................ 8
G
GENERAL LEGAL PROVISIONS ...........................................................................88
GENERAL PROVISIONS ...........................................................................................1
Generic Program, Definition .........................................................................................1 ............. 2A
Generic Use.................................................................................................................41 ........... 15A
Government Services, Supplemental Use of Programs for .........................................30 ......... 9C11
Guarantee of Employment, Background Actors .........................................................17 ............ 7E6
Guardians, Minors.......................................................................................................74 .......... 41F5
H
Hair Goods, Wigs, Beards, Sideburns, Mustaches, Goatees .......................................67 .......38 A,B
Haircuts .......................................................................................................................67 ........... 38C
Hairdress Calls ............................................................................................................65 .............. 37
117
2015-2018 SAG-AFTRA CORPORATE/EDUCATIONAL AND NON-BROADCAST
CONTRACT
SUBJECT
Index
PAGE
SECTION
Principal Performers/On-Camera Narrators/Spokespersons ................................65 ........... 37A
Background Actors, Costume Fittings .................................................................66 ........... 37B
Half-Day Engagement ..................................................................................................9 ........... 7A5
Hazardous Work .........................................................................................................80 ...........44M
Dancers .................................................................................................................77 ......... 42B8
Disclosed at Audition ...........................................................................................42 .............15J
Notice ...................................................................................................................44 ....... 19A1b
Health and Retirement Funds......................................................................................23 ................ 8
Agreement and Declaration of Trust ....................................................................26 ............. 8H
Contributions to ....................................................................................................23 ................ 8
H&R Remittance Report / Production Report ...................................................107 ... Exhibit 2
Holidays ......................................................................................................................62 .............. 33
Hospitalization of Performer, Notification to SAG-AFTRA ......................................82 ........... 45A
Hours per Day, Work Day ..........................................................................................53 ........... 26A
I
I-9 Form ......................................................................................................................41 .............14J
Improvisations, Disclosed at Audition ........................................................................42 .............15J
Indemnification ...........................................................................................................98 .............. 75
Industry-Union Standing Committee (IUSC) .............................................................96 .............. 73
Composition .........................................................................................................96 .............. 73
Fair Employment Policy .......................................................................................40 ............. 14I
Function ................................................................................................................96 .............. 73
Grievance Asserting Program is a Commercial .....................................................2 ............. 3C
Preference of Employment Disputes ...................................................................38 ......... 12B5
Violation of Sanitary Provisions ..........................................................................62 ............. 34I
Treatment of Animals ...........................................................................................83 .............. 46
Injuries/Safety, Reporting of .......................................................................................82 .............. 45
Caused by Performer, Indemnification for ...........................................................98 ........... 75A
Instant Programs (Stage Performance, Photography of) .............................................86 .............. 54
Insurance
Flight ....................................................................................................................72 .............. 40
Report, In Event of Accident ................................................................................79 ........... 44D
Required by Indemnitee .......................................................................................99 ........... 75H
Unemployment .....................................................................................................21 ........... 7G1
Integration and/or Customization, Supplemental Use ................................................29 ........... 9C6
Interactive Voice Recording (IVR)/Phone Prompt Systems .......................................19 ............ 7F3
Internet
Program Produced for Initial Exhibition on ......................................................3,27 ........ 5;9A2
Interviews
Minors ..................................................................................................................73 ........... 41D
Publicity................................................................................................................83 .............. 48
IRCA (Immigration Reform and Control Act) Verification Procedures.....................41 .............14J
J
Jurisdiction ...............................................................................................................1,88 ........... 1;58
L
Labor/Management Safety Committee ..................................................................80,82 44L;45B,C
118
2015-2018 SAG-AFTRA CORPORATE/EDUCATIONAL AND NON-BROADCAST
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SUBJECT
Index
PAGE
SECTION
Employment of Minors ........................................................................................74 ......... 41G4
Labor Management Relations Act of 1947 .................................................................32 ........... 11A
Late Payment, Liquidated Damages for ......................................................................22 ........... 7G2
Letter of Adherence, Union Standards ......................................................................102 .............. 80
Limitation on Liability ................................................................................................94 .............. 69
Liquidated Damages
For Breach of Preference of Employment, Background Actors ...........................38 ......... 12B5
For Breach of Preference of Employment, Principal Performers .........................37 ......... 12A8
For Breach of Union Security Provisions .............................................................33 ........... 11C
For Failure to Deliver the Contract Within the Period Specified .........................45 ......... 19A3
For Failure to File a Production Time Report ......................................................85 .......... 51F3
For Late Payment .................................................................................................22 ........... 7G2
For Violation of Prohibition Against Employment of Production Staff...............39 ........... 13C
For Violation of Rules on Hazardous Work .........................................................80 ...........44M
For Waiver of Rest Period ....................................................................................58 ......... 30A3
Litigation, Indemnification .........................................................................................98 .............. 75
Loan-Outs/Audits/Adherence to Health and Retirement Plans ..................................95 .............. 71
Loan-Out Company, Health and Retirement Contributions .......................................25 ............. 8G
Loan-Out of Performer, Notice Required ...................................................................85 ........... 51C
Location
Overtime ...............................................................................................................59 ......... 31A4
Rest Period ...........................................................................................................57 ....... 30A1b
Lockout .......................................................................................................................90 .............. 60
Locker Rooms .............................................................................................................63 ......... 34G3
Looping .......................................................................................................................55 .............. 28
M
Makeup, Hairdress, Wardrobe Fitting Calls ...............................................................65 .............. 37
Principal Performers/On-Camera Narrators/Spokespersons ................................65 ........... 37A
Background Actors, Costume Fittings .................................................................66 ........... 37B
Makeup Tests ..............................................................................................................43 .............. 18
Marital Status, Inquiries Regarding Prohibited...........................................................39 ........... 14A
Maximum Period of Use
Category II ..............................................................................................................5 ........... 5D4
Audio Programs ......................................................................................................5 ........... 5D4
Interactive Voice Recordings ...............................................................................19 ............ 7F3
Phonecasting.........................................................................................................20 ............ 7F4
Meal Allowance, Per Diem .........................................................................................57 ........... 29C
Meal Period Violations ...............................................................................................56 ......... 29A2
Meal Periods ...............................................................................................................55 ........... 29A
Dancers/Swimmers/Skaters .................................................................................77 ......... 42B6
Tours and Personal Appearances..........................................................................84 ........... 50D
Meals .......................................................................................................................55 .............. 29
Minors ..................................................................................................................72 ........... 41C
Non-Deductible Breakfast (NDB) ........................................................................55 ........... 29A
Supplied ................................................................................................................56 ........... 29B
Medical and/or First Aid ........................................................................................80,82 ... 44M;45B
In Hazardous or Stunt Work .................................................................................80 ...........44M
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Member Report ...........................................................................................................86 .............. 53
Form ...................................................................................................................109 ... Exhibit 3
In Lieu of Production Time Report (Singers) .......................................................85 .......... 51F2
Membership in SAG-AFTRA as a Condition of Employment ...................................32 .............. 11
Military Personnel
Excluded from Term “Minor” ..............................................................................72 ......... 41B3
Preference of Employment ...................................................................................36 ....... 12A6d
Waivers...................................................................................................................7 ........... 6C3
Minimum Compensation
Audio Programs ....................................................................................................17 .............. 7F
Interactive Voice Recording (IVR) ................................................................19 ............ 7F3
Phone Prompt .................................................................................................19 ............ 7F3
Phonecasting ..................................................................................................20 ............ 7F4
Singers ...........................................................................................................18 ............ 7F2
Storecasting ....................................................................................................20 ............ 7F5
Background Actors ...............................................................................................15 .............. 7E
Silent Bit ........................................................................................................16 ............ 7E4
Special Ability ..............................................................................................16 ............ 7E4
Dancer/Swimmer/Skater.......................................................................................12 ........... 7A8
Doubling and Dubbing .........................................................................................14 ............. 7D
Half-Day Engagement ............................................................................................9 ........... 7A5
Narrator/Spokesperson, On-Camera.....................................................................12 ........... 7A9
Off-Camera ....................................................................................................14 ............. 7C
Principal Performers
Off-Camera ....................................................................................................13 ............. 7B
On-Camera .......................................................................................................8 ............. 7A
3-Day .............................................................................................................12 ........... 7A6
Weekly (5-Day) .............................................................................................12 ........... 7A7
Retakes - Voice-Over Performers Only ...............................................................13 ........... 7B3
Singers, On-Camera ...............................................................................................9 ........... 7A4
Off-Camera ....................................................................................................13 ........... 7B2
Stunt .......................................................................................................................8 ........... 7A3
Unrecorded Silent Part ...........................................................................................8 ........... 7A2
Voice Over ...........................................................................................................13 ............. 7B
Minorities, Employment of .........................................................................................39 ........... 14B
Minors, Employment of ..............................................................................................72 .............. 41
Child Labor Laws .................................................................................................75 .............41J
Definition..............................................................................................................72 ........... 41B
Engagement for Employment ...............................................................................73 ............ 41E
Notice to Parent .............................................................................................73 .......... 41E1
Notice to SAG-AFTRA .................................................................................73 .......... 41E3
Guardian ...............................................................................................................74 .......... 41F5
Hazardous Conditions ..........................................................................................74 .......... 41F3
Terms Inconsistent with Other Sections of Agreement ........................................76 ........... 41K
Interviews, Tests and Fittings ...............................................................................73 ........... 41D
Makeup, Wardrobe, Hairdressing.........................................................................74 .......... 41F2
Meals ....................................................................................................................72 ........... 41C
Play Area ..............................................................................................................75 ............. 41I
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Rest Time .............................................................................................................75 ......... 41H2
Supervision ...........................................................................................................73 ............ 41F
By Qualified Child Care Person ...........................................................................74 .......... 41F7
Travel and Transportation ....................................................................................74 .......... 41F6
Unusual Physical, Athletic or Acrobatic Ability ..................................................74 ........... 41G
Working Hours .....................................................................................................75 ........... 41H
Work Permits........................................................................................................73 .......... 41E2
Models, Fashion ..........................................................................................................36 ........ 12A6i
Multiple Client Usage .................................................................................................41 ........... 15A
Multiple Programs, Compensation for
Background Actors ...............................................................................................15 ............ 7E1
Principal Performers ...............................................................................................8 ........... 7A1
Multiple Sales, Definition .............................................................................................1 ............. 2A
N
Narrators, Coverage ......................................................................................................1 ................ 1
Narrators/Spokespersons, On-Camera
Half-Day Engagement does not apply ..................................................................10 .......... 7A5f
Minimum Compensation ......................................................................................12 ........... 7A9
Overtime ...............................................................................................................59 ........... 31B
National Origin, Inquiries Regarding Prohibited ........................................................39 ........... 14A
Nearby Locations
Daily Rest Period..................................................................................................57 ..... 30A1b1
Tours and Personal Appearances..........................................................................84 ........... 50A
Travel to and from ................................................................................................68 ........... 39A
Network Television, Supplemental Use......................................................................29 ........... 9C8
New Media
Definition of ...........................................................................................................3 ........... 5B1
Program produced for initial exhibition on ............................................................3 ............. 5B
Night Work, Notice of ................................................................................................80 ...........44M
No Strike; No Lockout ................................................................................................90 .............. 60
Non-Broadcast Programs, Definition ............................................................................1 ................ 2
Non-Deductible Breakfast (NDB) ..............................................................................55 ........... 29A
Non-Discrimination ....................................................................................................39 .............. 14
Non-Network Television (U.S. and Canada), Supplemental Use ...............................28 ........... 9C2
Non-Principal Performer, Audio Programs ................................................................17 .......... 7F1b
Doubling ...............................................................................................................21 ............ 7F7
Non-Professional Persons, Waiver as to Certain ..........................................................7 ............. 6C
Non-Script Lines .........................................................................................................48 ......... 19D2
Non-Waiver of Rights .................................................................................................23 ........... 7G4
Notice
Cancellation of Calls ............................................................................................49 .............. 20
Change of Address .............................................................................................101 .............. 77
Hazardous Work ...................................................................................................42 .............15J
Injury/Hospitalization ...........................................................................................82 ........... 45A
Intended Use of Program ......................................................................................41 ........... 15A
Notices to Performers .........................................................................................101 .............. 77
Overnight Location...............................................................................................47 ......... 19B4
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Service of..............................................................................................................94 .............. 66
Nudity .......................................................................................................................45 ......... 19A6
Disclosed at Audition ...........................................................................................42 .............15J
O
Off-Camera Performers
Application of On-Camera Performer Provisions ................................................87 .............. 55
Employment of .....................................................................................................87 .............. 55
Minimum Compensation ......................................................................................13 ............. 7B
Narration...............................................................................................................14 ............. 7C
Omnies .......................................................................................................................49 ......... 19D3
On-Site Operations, Waivers for ...................................................................................7 ........... 6B3
Oral Agreements, Day Performers Only .....................................................................46 ......... 19B2
Other Services Not Included .......................................................................................46 ......... 19A7
Overnight Location
Location Premium ................................................................................................59 ......... 31A4
Notice of ...............................................................................................................47 ......... 19B4
Per Diem ...............................................................................................................57 ........... 29C
Rest Period at........................................................................................................57 ..... 30A1b2
Tours and Personal Appearances..........................................................................84 ........... 50B
Travel....................................................................................................................69 ........... 39B
Work on Holiday ..................................................................................................62 ........... 33B
Overscale Compensation
No Crediting Against............................................................................................25 .............. 8F
Overtime .....................................................................................................................58 .............. 31
Background Actors ...............................................................................................60 ........... 31C
Sixteen-Hour Rule .........................................................................................60 ......... 31C6
Weekly ...........................................................................................................60 ......... 31C2
Location Premium, Weekly ..................................................................................59 ......... 31A4
On-Camera Narrator/Spokesperson......................................................................59 ........... 31B
Overtime Ceilings.................................................................................................59 ......... 31A3
Principal Performers, Day ....................................................................................58 ......... 31A1
3-Day .............................................................................................................58 ......... 31A2
Weekly ...........................................................................................................58 ......... 31A2
P
Pay Cable Television, Supplemental Use ...................................................................30 ........... 9C9
Payment ......................................................................................................................21 ............. 7G
Late .......................................................................................................................22 ........... 7G2
Pension and Health, see Health and Retirement Funds
Per Diem, Meal Allowance .........................................................................................57 ........... 29C
Performer Responsibility ..........................................................................................101 ........... 76B
Performers with Disabilities
Casting of Performers with Disabilities ...............................................................39 ........ 14B,C
As Stunt Performers .............................................................................................39 ........... 14D
Inquiries Regarding Prohibited.............................................................................39 ........... 14A
Reasonable Accommodation of ............................................................................40 ............ 14E
Personal Appearances, Tours and ...............................................................................84 .............. 50
Persons Covered............................................................................................................1 ................ 1
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Phone Prompt Systems ...............................................................................................19 ............ 7F3
Phonecasting ...............................................................................................................20 ............ 7F4
Photo Double ..............................................................................................................15 .......... 7E3b
Photographic Tests ......................................................................................................43 .............. 17
Picket Lines.................................................................................................................92 ........... 60C
Pilots, Airplane and/or Helicopter
Coverage .................................................................................................................1 ................ 1
Not Entitled to Consecutive Employment ............................................................55 ........... 27B
Preference of Employment .........................................................................................34 ........12A1a
PRE-PRODUCTION / CASTING ..............................................................................41
Preference of Employment .........................................................................................34 .............. 12
Preference Zones .........................................................................................................34 ......... 12A3
Premium Rates ............................................................................................................61 .............. 32
Preproduction Stills.....................................................................................................52 .............. 22
Prerecordings ..............................................................................................................52 .............. 23
Primary Use, Initial .....................................................................................................30 ........... 9D1
Principal Performers .....................................................................................................8 ............. 7A
Process Shots, Compensation for ................................................................................55 .............. 28
Producer-Union Committee, Preference of Employment ...........................................35 ......... 12A6
Producer
As Performer ........................................................................................................38 ......... 13B2
Responsibility .....................................................................................................100 ........... 76A
During Strike..................................................................................................92 ........... 60C
Production Conferences ..............................................................................................52 .............. 24
Production Report .......................................................................................................84 ......... 51A2
H&R Remittance Report / Production Report ....................................................107 ... Exhibit 2
Production Staff, Prohibition Against Employment of ......................................... 38;48 .... 13;19C5
Exception to..........................................................................................................38 ........... 13B
Production Time Reports ............................................................................................85 ............ 51F
Professional Recognition ............................................................................................34 .............. 12
Program, Definition ......................................................................................................2 ............. 2B
Program Use, Definition of Categories .........................................................................3 ................ 5
Programs for Government Services, Supplemental Use .............................................30 ......... 9C11
Prompting Devices ......................................................................................................42 .............. 16
Protection from Sunburn, Frostbite and Extremes of Temperature ............................80 ........... 44K
Publicity Interviews, Not Counted as Work Time ......................................................83 .............. 48
Publicity Stills, Performer to be Compensated for......................................................83 .............. 49
Puppeteers
Coverage .................................................................................................................1 ................ 1
Preference of Employment ...................................................................................34 ........12A1a
Purchasers Responsibility to Maintain Records..........................................................84 ........... 51B
Purposes of Codification; Saving Clause; Title ..........................................................93 .............. 64
Pyrotechnics or Explosives ...........................................................................................8 ........... 44I8
Q
Qualified Professional Performer................................................................................34 ........... 12A
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R
Rates, see Minimum Compensation
Reasonable Accommodation for Employment of Performers with Disabilities .........40 ............ 14E
Records and Reports, Required...................................................................................84 .............. 51
Loan-Outs .............................................................................................................85 ........... 51C
Notice of Production ............................................................................................85 ............ 51E
Producers ..............................................................................................................84 ........... 51A
Producers, Purchasers, Assignees, Transferees ....................................................84 ........... 51B
Production Time Reports......................................................................................85 ............ 51F
Verification and Auditing .....................................................................................85 ........... 51D
Recognition of SAG-AFTRA as Collective Bargaining Agent
Rules and Regulations ..........................................................................................95 .............. 70
Scope of Agreement .............................................................................................88 .............. 58
Rehearsal Time ...........................................................................................................54 ............ 26E
Counted as Work Time.........................................................................................54 .......... 26E1
Half-Day Engagement ............................................................................................9 ........... 7A5
Remittance Report
For AFTRA Health and Retirement Funds ..........................................................25 ............. 8D
As Required Report ..............................................................................................84 ......... 51A2
H&R Remittance Report / Production Report ....................................................107 ... Exhibit 2
Renewal of Category II Program Use ...........................................................................5 ........... 5D4
Rental or Sale, Supplemental Use
To Industry ...........................................................................................................28 ........... 9C5
To Public ..............................................................................................................30 ......... 9C10
Responsibility
Evasion of ...........................................................................................................103 .............. 81
Of SAG-AFTRA to Observe Its Obligations .....................................................101 ........... 76B
Of the Producer to Perform Obligations .............................................................100 ........... 76A
Producer, SAG-AFTRA, and Performer ............................................................100 .............. 76
Rest Period ..................................................................................................................57 .............. 30
Background Actors ...............................................................................................58 ........... 30B
Sixteen Hour Rule ..........................................................................................60 ......... 31C6
Dancers/Swimmers/Skaters ..................................................................................77 ......... 42B4
Minors ..................................................................................................................75 ......... 41H2
Principal Performers .............................................................................................57 ........... 30A
Day .................................................................................................................57 ......... 30A1
Weekly ...........................................................................................................58 ......... 30A2
Singers ..................................................................................................................78 ........... 43B
Tours and Personal Appearances..........................................................................84 ........... 50D
Waiver ..................................................................................................................58 ......... 30A3
Restrictions on Use of Programs ............................................................................30,31 .......... 9D,E
Restructuring and Simplification of the Contract .......................................................94 ........... 65D
Retakes, .......................................................................................................................55 .............. 28
Audio Programs ....................................................................................................21 ............ 7F6
Consecutive Employment .............................................................................. 54; 55 ..... 27A; 28
Voice-Over Performers ........................................................................................13 ........... 7B3
Right to Terminate Agreement ...................................................................................94 .............. 68
Rights and Duties of AFTRA Members and Producers During Strike .......................90 ........... 60B
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Rules of Construction .................................................................................................93 .............. 65
S
SAG-AFTRA as Collective Bargaining Agent ...........................................................95 .............. 70
Safety, Reporting of Injuries and ................................................................................82 .............. 45
Safety Equipment ........................................................................................................79 ............ 44F
Minors ..................................................................................................................74 ......... 41G3
Safety Guidelines ........................................................................................................82 ........... 45C
Minors ..................................................................................................................74 ......... 41G4
Stunt Performers/Hazardous Work.......................................................................80 ............ 44L
Sale and/or Rental, Supplemental Use ..............................................................28,30,31/ 9C5,10;9E2
To Industry ...........................................................................................................28 ........... 9C5
To General Public
Video Programs .............................................................................................30 ......... 9C10
Audio Programs .............................................................................................31 ............ 9E2
Sanitary Provisions .....................................................................................................63 ........... 34G
Climatic Protection ...............................................................................................63 ........... 34H
Locker Rooms ......................................................................................................63 ......... 34G3
Seats and Cots ......................................................................................................63 ......... 34G2
Toilet and Washing Facilities ...............................................................................63 ......... 34G4
Water Supply ........................................................................................................63 ......... 34G1
Saturday and Sunday, Work on...................................................................................61 .............. 32
Scope of Agreement ....................................................................................................88 .............. 58
Script Lines .................................................................................................................48 ......... 19D1
Scripts/Storyboards,
Availability in Preproduction ...............................................................................42 .............. 16
Study of ................................................................................................................53 .............. 25
Supplied at Audition .............................................................................................42 ........... 15K
Seats and Cots, on Set or Location .............................................................................63 ......... 34G2
Security Deposit ..........................................................................................................94 .............. 67
Seniors, Employment of..............................................................................................39 ........... 14B
Separability of Invalid Provisions .............................................................................101 .............. 79
Separate Agreement as to Each Producer ...................................................................92 .............. 62
Service of Notice.........................................................................................................94 .............. 66
For Services Not Included in Collective Bargaining Agreement .........................46 ......... 19A7
Settlements, Indemnification ......................................................................................99 ........... 75G
Sex Scenes ..................................................................................................................45 ......... 19A6
Silent Bit, Definition ...................................................................................................16 .......... 7E3c
Silent Part, Unrecorded .................................................................................................8 ........... 7A2
Singers, Employment of..............................................................................................78 .............. 43
Audio Programs ....................................................................................................18 ............ 7F2
Recall after Employment ......................................................................................78 ........... 43C
Breaks ...................................................................................................................78 ........... 43B
Contractors ...........................................................................................................78 ........... 43D
Coverage .................................................................................................................1 ................ 1
Employment of .....................................................................................................78 .............. 43
Member Report.....................................................................................................85 .......... 51F2
Minimum Compensation ........................................................................................9 ........... 7A4
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Not Entitled to Consecutive Employment ............................................................55 ........... 27B
Sound Recordings.................................................................................................78 ........... 43A
Sixteen-Hour Rule, Background Actors .....................................................................60 ......... 31C6
Sixth and/or Seventh Day, Work on ...........................................................................61 .............. 32
Background Actors ...............................................................................................61 ........... 32B
Principal Performers .............................................................................................61 ........... 32A
Day .................................................................................................................61 ......... 32A1
3-Day .............................................................................................................61 ......... 32A1
Voice-Over Performers ..................................................................................61 ......... 32A2
Weekly ...........................................................................................................61 ......... 32A2
Skaters (see Dancers/Swimmers/Skaters) ...................................................................76 .............. 42
Skull Cap.....................................................................................................................67 .............. 38
Smoke or Dust, Work in .............................................................................................80 ...........44M
Background Actors ...............................................................................................81 ........... 44N
Break from............................................................................................................80 .............44J
Notice of .........................................................................................................44, 81 / 19A1;44M
Snow, Background Actors ..........................................................................................81 ........... 44N
Social Security Taxes ..................................................................................................22 ........... 7G3
Song, Story and Production Conferences ...................................................................52 .............. 24
Sound Recordings .......................................................................................................78 ........... 43A
Soundtrack, Compensation for....................................................................................78 ........... 43A
Special Ability Background Actor, Definition............................................................15 .......... 7E3b
Spillover ......................................................................................................................55 ........... 27C
Stage Performance, Photography of............................................................................86 .............. 54
Stand-in .......................................................................................................................15 .......... 7E3b
Standing Committee (see Industry-Union Standing Committee)
Still Photography
Preproduction Stills ..............................................................................................52 .............. 22
Publicity Stills ......................................................................................................83 .............. 49
Storecasting .................................................................................................................20 ............ 7F5
Story, Song, and Production Conferences ..................................................................52 .............. 24
Strike
No Strike, No Lockout .........................................................................................90 .............. 60
Unauthorized ........................................................................................................94 .............. 69
Studio Call, Rest Period ..............................................................................................57 ........30A1a
Studio Zones ...............................................................................................................70 ............ 39F
Study of Lines or Script, Not Counted as Work Time ................................................53 .............. 25
Stunt Coordinator, Indemnification ............................................................................98 ........... 75B
Stunt Driving Guidelines ............................................................................................79 ............. 44I
Stunt Performers
Coverage .................................................................................................................1 ................ 1
Doubling ...............................................................................................................39 ........... 14D
Driving..................................................................................................................79 ............. 44I
Employment of .....................................................................................................78 .............. 44
Half-Day Engagement does not apply ..................................................................10 .......... 7A5f
Minimum Compensation ........................................................................................8 ............. 7A
Stunt Adjustment ..................................................................................................47 ......... 19B6
Indicated on Production Time Report ............................................................85 .......... 51F4
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Stunts, Notice of..........................................................................................................44 ......... 19A1
Disclosed at Audition ...........................................................................................42 .............15J
Subcontracting Work ................................................................................................102 .............. 80
Sunburn .......................................................................................................................80 ........... 44K
Supplemental Use .......................................................................................................27 ................ 9
Use in Another Field or Medium..........................................................................31 .............. 10
Swimmers (see Dancers/Swimmers/Skaters)..............................................................76 .............. 42
T
Taxes .......................................................................................................................22 ........... 7G3
Telephone, For Performers' Use .................................................................................63 ............ 34F
Television Use, Supplemental Use .............................................................................28 ............. 9C
Temperature, Extreme.................................................................................................80 ........... 44K
Term of Agreement .....................................................................................................88 .............. 57
Termination
Union Right to Terminate.....................................................................................94 .............. 68
Tests
Makeup .................................................................................................................43 .............. 18
Photographic.........................................................................................................43 .............. 17
Voice ....................................................................................................................43 .............. 17
Wardrobe ..............................................................................................................43 .............. 18
Theatrical Exhibition, Supplemental Use ...................................................................28 ........... 9C3
Theatrical Motion Pictures, Use of Non-Broadcast Footage in ..................................31 .............. 10
Three-Day Performer
Engaged for Work ................................................................................................46 ........... 19B
Makeup, Hairdress, Wardrobe Fittings ................................................................66 ......... 37A2
Minimum Compensation ......................................................................................12 ........... 7A6
Overtime ...............................................................................................................58 ......... 31A2
Title of Agreement ......................................................................................................88 .............. 56
Toilet and Washing Facilities .....................................................................................62 ........... 34A
On Location ..........................................................................................................63 ......... 34G4
Total Applicable Salary ..............................................................................................27 ............. 9B
Tours and Personal Appearances ................................................................................84 .............. 50
Transfer of Rights ......................................................................................................95 .............. 72
Assumption Agreement ........................................................................................95 .............. 72
Required Records and Reports .............................................................................84 ........... 51B
Transparencies, Compensation for ..............................................................................55 .............. 28
Transportation (see Travel)
Travel .......................................................................................................................68 .............. 39
Trick Shots, Compensation for ...................................................................................55 .............. 28
TV Programs, Use of Non-Broadcast Footage in ......................................................31 .............. 10
U
Undirected Scenes, Backgrounds or Persons ................................................................5 ............. 6B
Undisputed Amounts, Payment of ..............................................................................22 ......... 7G2b
Unemployment Insurance ...........................................................................................22 ........... 7G3
Unfair List ...................................................................................................................94 .............. 68
Unfinished Photography, Compensation for ...............................................................55 .............. 28
Union as Ex-Officio Party to Arbitration ....................................................................90 ............ 59F
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Union Label ..............................................................................................................103 .............. 82
Union Membership (see Union Security)
Union Responsibility ................................................................................................101 ........... 76B
Union Right to Examine Producer Contracts ..............................................................85 ........... 51D
Union Right to Terminate ...........................................................................................94 .............. 68
Union Security ............................................................................................................32 .............. 11
Union Standards ........................................................................................................102 .............. 80
Unrecorded Silent Part ..................................................................................................8 ........... 7A2
Upgrade of Background Actors ..................................................................................48 ......... 19D2
Special Ability Background Actors ......................................................................15 .......... 7E3b
Use
In New Program Created for Another Field or Medium ......................................31 .............. 10
Intended Program Use, Notice Requirement ........................................................41 ........... 15A
Term of Use
Audio Programs ...............................................................................................5 ........... 5D4
Category II .......................................................................................................5 ........... 5D4
Interactive Voice Recordings .........................................................................19 ............ 7F3
Phonecasting ..................................................................................................20 ............ 7F4
Where Admission Is Charged, Audio Programs ..................................................31 ............ 9E1
V
Vehicle Drivers, Stunt Driving Guidelines .................................................................79 ............. 44I
Verification and Auditing ...........................................................................................85 ........... 51D
Videotaped Audition ...................................................................................................42 ............. 15I
Voice Over
Coverage .................................................................................................................1 ................ 1
Minimum Compensation ......................................................................................13 ............. 7B
Premium Rates .....................................................................................................61 ......... 32A3
Voice Tests..................................................................................................................43 .............. 17
W
W-4 Forms ..................................................................................................................45 ......... 19A5
Waivers .........................................................................................................................5 ................ 6
Contract Terms and Conditions
Acceptance of Payment as .............................................................................23 ........... 7G4
Shall Not Be Requested of Performer ............................................................98 ........... 74B
Crowd Work, Undirected Scenes ...........................................................................5 ............. 6B
Dressing Rooms ...................................................................................................62 ........... 34C
Minor Roles ........................................................................................................... 5 ............. 6A
Nonprofessional Persons ........................................................................................7 ............. 6C
Armed Forces Personnel ..................................................................................7 ........... 6C3
Technical or Complicated Equipment or Machinery .......................................7 ........... 6C2
On-Site Operations .................................................................................................7 ........... 6B3
Rest Period ...........................................................................................................58 ......... 30A3
Rehearsal Time for Special Training ....................................................................54 .......... 26E3
Undirected Scenes, Backgrounds or Persons .........................................................6 ........... 6B2
Wardrobe
Allowance.............................................................................................................64 .............. 35
Principal Performer ........................................................................................64 ........... 35A
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2015-2018 SAG-AFTRA CORPORATE/EDUCATIONAL AND NON-BROADCAST
CONTRACT
SUBJECT
Index
PAGE
SECTION
Background Actor ..........................................................................................64 ........... 35B
Damage .................................................................................................................65 .............. 36
Dismissal, Background .........................................................................................65 ......... 35B3
Fitting Calls ..........................................................................................................65 .............. 37
Principal Performers/On-Camera Narrators/Spokespersons ..........................65 ........... 37A
Background Actors, Costume Fittings ...........................................................66 ........... 37B
Lost .......................................................................................................................65 .............. 36
Out-of-Season, Background .................................................................................65 ......... 35B3
Tests .....................................................................................................................43 .............. 18
Wardrobe Change, Definition ..............................................................................64 ......... 35A1
Water Supply, on Set or Location ...............................................................................63 ......... 34G1
Weather Permitting Calls ............................................................................................51 .............. 21
Background Actors ...............................................................................................51 ........... 21B
Day Performers.....................................................................................................51 ........... 21A
Weekend Work ...........................................................................................................61 .............. 32
Weekly Performers, Principal
Conversion to a Weekly Basis ..............................................................................47 ......... 19B5
Engaged for Work ................................................................................................46 ........... 19B
Minimum Compensation ......................................................................................12 ........... 7A7
Overtime ...............................................................................................................58 ......... 31A2
Rest Period ...........................................................................................................58 ......... 30A2
Recall for Looping................................................................................................55 .............. 28
Makeup, Hairdress, Wardrobe Fittings ................................................................66 ......... 37A3
Premium Rates .....................................................................................................61 ......... 32A2
Weekly Rates, Background Actors .............................................................................16 .......... 7E4b
Wet, Snow and Smoke Work
Background Actors ...............................................................................................81 ........... 44N
Principal Performers ............................................................................................ 80 ...........44M
Withholding Taxes ......................................................................................................22 ........... 7G3
Work Day, Hours of Work..........................................................................................53 ........... 26A
Work Time, Definition and Exceptions ......................................................................53 .............. 26
Worker's Compensation Law ....................................................................................100 ............. 75I
Workweek, Background Actors ..................................................................................17 ............ 7E5
World's Fairs, Etc. .........................................................................................................3 ................ 4
Writer as Performer.....................................................................................................38 ......... 13B2
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